- 8 - shareholder. We conclude that petitioner’s members were not its affiliates for purposes of TRA section 204(a)(7).2 Even if petitioner’s members were its affiliates for purposes of TRA section 204(a)(7), petitioner would have failed the second requirement; to wit, that the leased building serve as the world headquarters of it and each of its affiliates. Although the CME Center arguably served as petitioner’s “world headquarters” in the sense that petitioner had offices and employees located throughout the world, see Payless Cashways v. Commissioner, supra, petitioner has not established that the CME Center also served as the world headquarters of its approximately 2,700 members. Approximately 1/4 of those members are corporations and the remainder are individuals. Under the holding of the Court of Appeals for the Seventh Circuit in United States v. Kjellstrom, supra, a corporation does not qualify for the world headquarters exception merely by virtue of the fact that the corporation is owned by individuals and has more than one office. 2 Nor do we believe that petitioner was an affiliate of either CCP or PMT for purposes of sec. 204(a)(7) of the TRA, Pub. L. 99-514, 100 Stat. 2146. Petitioner looks solely to its 10- percent ownership interest in each partnership and concludes from this bare fact that it and the partnerships are affiliates. We disagree. None of the shareholders in United States v. Kjellstrom, supra, were considered by the Court of Appeals for the Seventh Circuit to be Wisco’s affiliate, and the interest of at least one of those shareholders was at least 16.6 percent.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011