- 33 - 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.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 NextLast modified: November 10, 2007