Legal Opinion

National Water Well Ass'n v. Commissioner

United States Tax Court

Decided January 24, 1989No. Docket No. 22420-83PublishedCited by 17 opinions

P, a trade association for the water well industry, is exempt from taxation as a business league under sec. 501(c)(6), I.R.C. 1954. As the group policyholder of an industry casualty insurance policy, P actively sponsors and promotes that insurance program. Under an agreement with the insurance company, P performs a variety of services for the insurance company and for the insurance brokerage company that manages that insurance program.

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P, a trade association for the water well industry, is exempt from taxation as a business league under sec. 501(c)(6), I.R.C. 1954. As the group policyholder of an industry casualty insurance policy, P actively sponsors and promotes that insurance program. Under an agreement with the insurance company, P performs a variety of services for the insurance company and for the insurance brokerage company that manages that insurance program. During the year in issue, P received a dividend from the insurance company in connection with that insurance program, part of which P distributed to those…

1Opinion of the Court

OPINION

Parker, Judge:

Respondent determined a deficiency in petitioner’s Federal income tax for its fiscal year ended October 31, 1980 in the amount of $21,082. The issues for decision are:(1) Whether insurance dividends received by petitioner, a business league exempt from taxation under section 501(c)(6),1 as the group policyholder of an insurance program that the business league endorsed constitute unrelated business taxable income under section 512; and(2) If so, whether the income is excludable from the unrelated business tax as royalties under section 512(b)(2).

This case was submitted…

2Cases cited25 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Commissioner v. GroetzingerSupreme Court of the United States · 1987
  3. E.A. Brannen and Frances K. Brannen v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1984
  4. Brannen v. CommissionerUnited States Tax Court · 1982
  5. Rose v. CommissionerUnited States Tax Court · 1987

20 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Disabled American Veterans v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1991
  2. Disabled American Veterans v. CommissionerUnited States Tax Court · 1990
  3. National Collegiate Athletic Ass'n v. CommissionerUnited States Tax Court · 1989
  4. Ohio Farm Bureau Fed'n v. CommissionerUnited States Tax Court · 1996
  5. National Ass'n of Life Underwriters v. CommissionerUnited States Tax Court · 1992

12 more not listed; retrieve them via the Exa API.

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