- 84 - from patronage sources, depending upon the circumstances. Cotter & Co. v. United States, 765 F.2d 1102 (Fed. Cir. 1985); St. Louis Bank for Coops. v. United States, 224 Ct. Cl. 289, 624 F.2d 1041 (1980); Rev. Rul. 74-160, 1974-1 C.B. 245. Dividend income has sometimes likewise been held to be patronage-sourced. Land O'Lakes, Inc. v. United States, 675 F.2d 988 (8th Cir. 1982); Linnton Plywood Association v. United States, 410 F. Supp. 1100 (D. Ore. 1976); Rev. Rul. 75-228, 1975-1 C.B. 278. Rental income has also been held to be patronage-sourced, on occasion. Cotter & Co. v. United States, supra; Rev. Rul. 63-58, 1963-1 C.B. 109 (semble); and some capital gains income has been held to be income from patronage sources, under the circumstances presented in the particular case. Astoria Plywood Corp. v. United States, an unreported case (D. Ore. 1979), 43 AFTR 2d 79-1114, 79-1 USTC par. 9197; contra Rev. Rul. 74-160, 1974-1 C.B. 245. [Id.] Significantly, in the last case cited above, in response to the Government’s argument that “all capital gains are not patronage source income,” the court stated: “In my view, capital gains may be patronage source income. In each instance, it depends on whether the income is 'directly related’ to Astoria's activities.” Astoria Plywood Corp. v. United States, 43 AFTR 2d 79-1114, 79-1119, 79-1 USTC par. 9197, at 86,349 (D. Or. 1979). Moreover, the Commissioner has twice ruled that in appropriate circumstances capital gains can be classified as patronage income. See Rev. Rul. 74-24, 1974-1 C.B. 244; Rev. Rul. 71-439, 1971-2 C.B. 321. Each of those rulings involves a nonexempt cooperative engaged in the manufacturePage: Previous 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 Next
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