- 80 - 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 thePage: Previous 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Next
Last modified: May 25, 2011