Chicago Mercantile Exchange - Page 7




                                        - 7 -                                         
               The taxpayers in United States v. Kjellstrom, supra, namely,           
          Wisco’s six shareholders, argued that Wisco qualified under TRA             
          section 204(a)(7).  The Court of Appeals for the Seventh Circuit            
          disagreed.  According to the court, Wisco had no affiliates.  The           
          court also found that Wisco did not have a world headquarters.              
          Id. at 484-485.                                                             
               We believe that the relationship of Wisco and its                      
          shareholders is sufficiently similar to the relationship of                 
          petitioner and its members to warrant application of United                 
          States v. Kjellstrom, supra, to the facts herein.  Petitioner and           
          Wisco are both corporations, and petitioner’s members and Wisco’s           
          shareholders are the owners of their respective corporations.               
          Whereas petitioner’s owners are called members and Wisco’s owners           
          are called shareholders, we conclude that this difference in                
          nomenclature is a mere distinction without a difference.                    
          Petitioner’s members actively participated in its business, just            
          as Wisco’s shareholders did in Wisco’s business, and the members            
          and the shareholders were the heart and soul of the respective              
          businesses.  Our review of the General Not For Profit Corporation           
          Act of the State of Illinois, in the light of the general                   
          corporate scheme, also has uncovered no significant difference in           
          the rights, benefits, or obligations of a member vis-a-vis a                










Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011