§277 — Deductions incurred by certain membership organizations in transactions with members
27 cases·6 followed·5 distinguished·1 criticized·1 overruled·14 cited—22% support
Statute Text — 26 U.S.C. §277
In the case of a social club or other membership organization which is operated primarily to furnish services or goods to members and which is not exempt from taxation, deductions for the taxable year attributable to furnishing services, insurance, goods, or other items of value to members shall be allowed only to the extent of income derived during such year from members or transactions with members (including income derived during such year from institutes and trade shows which are primarily for the education of members). If for any taxable year such deductions exceed such income, the excess shall be treated as a deduction attributable to furnishing services, insurance, goods, or other items of value to members paid or incurred in the succeeding taxable year. The deductions provided by sections 243 and 245 (relating to dividends received by corporations) shall not be allowed to any organization to which this section applies for the taxable year.
Subsection (a) shall not apply to any organization—
which for the taxable year is subject to taxation under subchapter H or L,
which has made an election before
October 9, 1969
, under section 456(c) or which is affiliated with such an organization,
which for each day of any taxable year is a national securities exchange subject to regulation under the Securities Exchange Act of 1934 or a contract market subject to regulation under the Commodity Exchange Act, or
which is engaged primarily in the gathering and distribution of news to its members for publication.
27 Citing Cases
Whether petitioner, a housing cooperative under section 216, is subject to subchapter T (sections 1381-1388), aspetitioner contends, or is a membership organization under section 277, as respondent contends.
56, 64 (1966), where this Court held that the running of the period of limitations under former section 277, the predecessor to section 6503(a) (1), is suspended when a a proceeding "is placed" on the docket of the Tax Court, rather than when "the taxpayer places" such a proceeding on the -docket.
56, 64 (1966), where this Court held that the running of the period of limitations under former section 277, the predecessor to section 6503(a) (1), is suspended when a a proceeding "is placed" on the docket of the Tax Court, rather than when "the taxpayer places" such a proceeding on the -docket.
Relying on the legislative history of section 277 of the Internal Revenue Code of 1939, a predecessor of section 6503(a)(1) (quoted supra), as well as statutory language and relevant case law," we held that the petition suspended the limitations period.