Affiliated Foods, Inc., A Corporation - Page 33




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              We must, therefore, consider whether petitioner’s status as             
         a cooperative requires a different result.                                   
                   3.  Cooperative Status                                             
                   a.  Introduction                                                   
              Section 1382 addresses the taxable income of cooperatives,              
         such as petitioner, to which section 1381 applies (individually,             
         a subchapter T cooperative).  Section 1382(a) addresses the gross            
         income of subchapter T cooperatives.  In pertinent part, it                  
         provides:                                                                    
                   SEC. 1382(a).  Gross Income.–-Except as provided                   
              in subsection (b), the gross income of any organization                 
              to which this part applies shall be determined without                  
              any adjustment (as a reduction in gross receipts, an                    
              increase in cost of goods sold, or otherwise) by reason                 
              of any allocation or distribution to a patron out of                    
              the net earnings of such organization * * * .                           
         Subsection (b)(1) of section 1382 provides an exception that, in             
         effect, allows a deduction from gross income for the payment of              
         “patronage dividends”.  That term, in pertinent part, is defined             
         in section 1388(a) to mean amounts paid by a subchapter T                    
         cooperative:                                                                 
                   (1) on the basis of quantity or value of business                  
              done with or for such patron,                                           
                   (2) under an obligation of such organization to                    
              pay such amount, which obligation existed before the                    
              organization received the amount so paid, and                           
                   (3) which is determined by reference to the net                    
              earnings of the organization from business done with or                 
              for its patrons.                                                        








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