- 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 aPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011