- 9 - burden of establishing that its position is correct. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Before addressing the issues presented, we set forth the pertinent statutory provisions implicated by those issues.12 Although section 501(a) exempts a VEBA from tax, section 501(b) subjects a tax-exempt VEBA to tax to the extent provided in sections 511 through 515 relating to the tax on UBTI. Section 511(a) imposes a tax for each taxable year on the UBTI of a VEBA, as defined in section 512. Section 512(a)(1) provides the following general definition of UBTI: (1) General rule.–-Except as otherwise provided in this subsection, the term “unrelated business taxable income” means the gross income derived by any organiza- tion from any unrelated trade or business (as defined in section 513) regularly carried on by it, less the deductions allowed by this chapter which are directly connected with the carrying on of such trade or busi- ness, both computed with the modifications provided in subsection (b). Section 512(a)(3) provides the following special rules in defining the UBTI of a VEBA described in section 501(c)(9): (3) Special rules applicable to organizations described in paragraph (7), (9), (17), or (20) of section 501(c).-- 11(...continued) determinations. 12Although the statutory provisions set forth below apply not only to a VEBA but also to certain other organizations, our discussion generally is limited to the application of those provisions to a VEBA.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011