- 90 - “incidental income derived from sources not directly related to the marketing, purchasing, or service activities of the cooperative association.” In the event that the aggregate section 1231 gains exceed losses for the taxable year, respondent’s position is that the gain realized from the sale or exchange of each section 1231 asset is automatically classified as nonpatronage, except for the portion of the gain treated as ordinary income under the recapture rules prescribed by sections 1245. According to respondent, the portion of the gain recaptured under section 1245 is considered patronage income “because, in effect the taxpayer is merely recapturing income that otherwise would have been available for distribution as a patronage dividend.” Rev. Rul. 74- 84, 1974-1 C.B. 244. According to respondent, the same is true with respect to the portion of the gain recaptured under section 1250. A logical inconsistency in respondent’s per se rule arises in the case of recapture under section 1250. This is due to the fact that, generally, section 1250 requires recapture only of “additional depreciation” or depreciation in excess of straight-line depreciation. Sec. 1250(b). Under respondent’s position, the straight-line depreciation taken on depreciable real property held for more than 1Page: Previous 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 Next
Last modified: May 25, 2011