Sherwin-Williams Company Employee Health Plan Trust - Page 10




                                       - 10 -                                         
                         (A) General rule.–-In the case of an organi-                 
                    zation described in paragraph (7), (9), (17), or                  
                    (20) of section 501(c), the term “unrelated busi-                 
                    ness taxable income” means the gross income (ex-                  
                    cluding any exempt function income), less the                     
                    deductions allowed by this chapter which are di-                  
                    rectly connected with the production of the gross                 
                    income (excluding exempt function income) * * *.                  
                         (B) Exempt function income.–-For purposes of                 
                    subparagraph (A), the term “exempt function in-                   
                    come” means the gross income from dues, fees,                     
                    charges, or similar amounts paid by members of the                
                    organization as consideration for providing such                  
                    members or their dependents or guests goods, fa-                  
                    cilities, or services in furtherance of the pur-                  
                    poses constituting the basis for the exemption of                 
                    the organization to which such income is paid.                    
                    Such term also means all income (other than an                    
                    amount equal to the gross income derived from any                 
                    unrelated trade or business regularly carried on                  
                    by such organization computed as if the organiza-                 
                    tion were subject to paragraph (1)), which is set                 
                    aside—-                                                           
                              (i) for a purpose specified in section                  
                         170(c)(4), or                                                
                              (ii) in the case of an organization                     
                         described in paragraph (9) * * * of section                  
                         501(c), to provide for the payment of life,                  
                         sick, accident, or other benefits,                           
                    including reasonable costs of administration di-                  
                    rectly connected with a purpose described in                      
                    clause (i) or (ii).  If during the taxable year,                  
                    an amount which is attributable to income so set                  
                    aside is used for a purpose other than that de-                   
                    scribed in clause (i) or (ii), such amount shall                  
                    be included, under subparagraph (A), in unrelated                 
                    business taxable income for the taxable year.                     
                        *     *     *     *     *     *     *                         
                         (E) Limitation on amount of setaside in the                  
                    case of organizations described in paragraph (9)                  
                    * * * of section 501(c).--                                        






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Last modified: May 25, 2011