- 39 - for the benefit of those who do business with it and not for the purpose of making a profit for the organizers), the idea is that, periodically, any surplus, or amount in excess of the break-even point from doing business with patrons, will be returned to the patrons on the basis of their dealings with the cooperative (i.e., on a patronage basis). See id. Indeed, today, for Federal income tax purposes, patronage dividends are determined by reference to the “net earnings” of the organization from business done with or for its patrons. Sec. 1388(a)(3); sec. 1.1388-1(a)(1), Income Tax Regs. The regulations describe “net earnings” as including “the excess of amounts retained (or assessed) by the organization to cover expenses or other items over the amount of such expenses or other items.” Sec. 1.1388- 1(a)(1), Income Tax Regs. Notwithstanding the question of the appropriateness of the term “profit” with respect to a cooperative enterprise, both early administrative interpretations and judicial decisions conceived of a patronage dividend not as a simple price adjustment or immediate rebate but as a distribution of corporate profits or income. In O.D. 64, 1 C.B. 208 (1919), the Commissioner ruled concerning an incorporated fruit grower’s association that conducted its business at a profit. It ruled that the nonexempt corporation would not have to pay any income tax on its patronage dividends. It authorized the corporationPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NextLast modified: November 10, 2007