- 94 - incidental income that contributed to the overall profitability of the cooperative but did not actually facilitate the accomplishment of the cooperative’s marketing, purchasing, or service activities on behalf of its patrons. See, e.g., Cotter & Co. v. United States, 765 F.2d at 1106. This determination requires an examination of the factual relationship between the activity producing the gains or losses and the cooperative’s patronage activities. Respondent acknowledges that the directly related test as formulated in Rev. Rul. 69-576, 1969-2 C.B. 166, supra, has been adopted and applied by the courts. However, respondent argues that the directly related test as applied by the courts “is an overly simplistic approach to the question at hand.” Respondent asks the Court to apply a new 2-part test. As we understand it, respondent argues that the Court should not only determine whether the transaction from which the subject income arose is directly related to the cooperative enterprise, but it should also determine whether the type of income at issue is the “customary operating income of the cooperative.” Respondent formulates the test as follows: The proper test focuses on identifying the regular, everyday operating activities of the cooperative and the anticipated ordinary profitsPage: Previous 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Next
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