- 95 - therefrom and then determining whether the income or loss item in question was an unavoidable result of transaction which was an integrally necessary part of the regular course of those activities. Under respondent’s new test, gain or loss from the sale of an asset could never be classified as patronage income, unless the cooperative is in the trade or business of selling such assets. We agree with respondent that the normal operating activities of a cooperative and the income realized therefrom should be taken into account in considering whether an item of income is patronage or nonpatronage. However, we do not believe that an item of income is automatically excluded from classification as patronage income if it does not match the customary operating income of the cooperative. Gain from the Sale of Terra Stock and Losses from the Liquidation of Seaway and the Surrender of Mex-Am Stock We disagree with respondent’s requested finding that “the Terra, Seaway and Mex-Am, stock were investments.” From the facts discussed above, it is evident that the business of each of the three corporations in issue, Terra, Seaway, and Mex-Am, was closely and directly related to petitioner’s cooperative business of supplying petroleum products to its patrons, and that the formation andPage: Previous 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Next
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