Farmland Industries, Inc. - Page 85




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                  fulfill a cooperative function will allow courts                    
                  to distinguish from cooperative activity                            
                  transactions which merely enhance overall                           
                  profitability in a manner incidental to                             
                  cooperative function.  Such activity is not to                      
                  receive the benefits of Subchapter T, but other                     
                  activity, which does directly relate to                             
                  cooperative function when considered in its                         
                  actual business environment, cannot properly be                     
                  considered outside “business done with or for                       
                  patrons.”  Cotter’s transactions here were not                      
                  merely to gain incidental profits; they resulted                    
                  from activities integrally intertwined with the                     
                  cooperative’s functions.  The earnings Cotter in                    
                  this case produced and passed through to its                        
                  members are patronage dividends. [Id. at 1110.]                     

                  Similarly, in Illinois Grain Corp. v. Commissioner,                 
             87 T.C. 435 (1986), the Court agreed that rental income                  
             from two barges that the taxpayer caused to be constructed,              
             leased from an insurance company, and subleased to a barge               
             company constituted patronage income.  The Court found that              
             “petitioner’s leasing and subleasing of barges to its                    
             transportation cooperative was not an ‘investment’ in such               
             barges, intended to produce merely passive rental income,                
             but was an integral part of its overall cooperative                      
             activity in moving its patrons’ grain to market.”   Id.                  
             at 461.                                                                  
                  In derogation of the “directly related” test,                       
             described above, respondent argues in this case that                     
             capital gains and losses are always classified as non-                   
             patronage without consideration of the relatedness of the                






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