- 93 - mechanism deductions. The result for such a loss is that the cumulative effect of the business usage of the asset resulted in even greater degradation in its value than anticipated and provided by the depreciation or other cost recovery mechanism which was utilized for the asset. As with section 1245 or 1250 recapture, such a loss is logically patronage-sourced unless proved otherwise. The same conclusion also results under the operating versus nonoperating focus of the provisions of subchapter T since the loss is directly attributable to cooperative activities unless proven otherwise. Thus, the classification of section 1231 losses as patronage-sourced makes economic sense. The flaw in respondent’s argument, however, is that the classification of section 1231 gains and losses is based upon whether there is a net section 1231 gain or loss for the taxable year. Thus, section 1231 losses which respondent asserts are “logically patronage-sourced” will be treated as nonpatronage income under respondent’s position if there is a net section 1231 gain for the taxable year. In light of the foregoing, we decline to abandon the directly related test that has been used by this and other courts to distinguish patronage from nonpatronage items and to adopt respondent’s per se nonpatronage rule for capital gains and losses. Accordingly, in this case our task is to determine whether each of the gains and losses at issue was realized in a transaction that was directly related to the cooperative enterprise, or in one which generatedPage: Previous 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Next
Last modified: May 25, 2011