- 74 - In effect, the Commissioner ruled that the patronage dividend received by the taxpayer in Rev. Rul. 69-516, supra, and the interest income received by the taxpayer in Rev. Rul. 74-160, supra, qualified for inclusion in the taxpayer’s net earnings from “business done with or for its patrons”. Sec. 1388(a)(3). In neither case were patrons of the taxpayer cooperative directly involved in the transaction out of which the income arose. Compare Rev. Rul. 73-497, 1973-2 C.B. 18, in which the Commissioner ruled that interest paid to a bank for cooperatives by other farm credit banks did not qualify as patronage income because the payors were “not patrons of the taxpayer”. This ruling has been criticized by the courts and it has not been followed. See St. Louis Bank for Coops. v. United States, 224 Ct. Cl. 289, 624 F.2d 1041, 1051 (1980); see also Cotter & Co. v. United States, 765 F.2d 1102, 1106 (Fed. Cir. 1985). Generally, under the “directly related” test, as applied by the courts, transactions with third parties can qualify as business “with or for” patrons, as long as the transaction is reasonably related to the business which the cooperative conducts with its patrons and benefits the patrons, other than incidentally through the generation of extra income. St. Louis Bank for Coops. v. United States,Page: Previous 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Next
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