Chicago Mercantile Exchange - Page 3




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          traded.  It is owned by its approximately 2,700 members, and its            
          principal place of business was in Chicago, Illinois, when it               
          petitioned the Court.  It is not a member of a controlled group             
          of corporations within the meaning of section 1563(a) of the                
          Internal Revenue Code of 1986.                                              
                                     Discussion                                       
               The parties agree that respondent’s motion can be decided by           
          way of summary judgment, and so do we.  Respondent argues that              
          petitioner has no affiliates for purposes of section 204(a)(7)(C)           
          because it is not a member of a controlled group of corporations.           
          Respondent asserts that the word “affiliates” for purposes of               
          section 204(a)(7)(C) requires that the taxpayer be a corporation            
          and that the corporation be a member of a controlled group.                 
          Respondent relies on the flush language of section 204(a)(7),               
          asserting that this language sets forth the exclusive definition            
          of the word “affiliates” for purposes of section 204(a)(7)(C).              
               We disagree with respondent’s assertion that the flush                 
          language of section 204(a)(7) contains the exclusive definition             
          of the word “affiliates” for purposes of section 204(a)(7).                 
          Section 204(a)(7) provides:                                                 
                    (7) Certain Leasehold Improvements.– * * * [The                   
               repeal of the investment tax credit and accelerated                    
               cost recovery system] shall not apply to any reasonable                
               leasehold improvements, equipment and furnishings                      
               placed in service by a lessee or its affiliates if–-                   
                         (A) the lessee or an affiliate is the                        
                    original lessee of each building in which                         
                    such property is to be used,                                      




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