The term related terminal income includes income produced by operating a commuter service or by renting tracks and facilities for a commuter service to an independent operator. The term also includes the sale or rental of advertising space at a terminal facility. If the conditions described in this subdivision are satisfied, the term related terminal income may include income which has no connection with the operation of the terminal. Thus, if a terminal railroad corporation operates a railroad bridge primarily to provide railroad corporations a means of crossing a river and the lower level of the bridge contains a roadway for similar use by automobiles, the term includes income derived from the tolls charged to the automobiles for the use of the bridge roadway. However, upon the discontinuance of operations of the railroad level of the bridge, the term would cease to include the automobile tolls. If excess steam from a steam plant operated primarily to supply steam to the terminal is sold to another business in the neighborhood, the term would include the income derived from such sale. However, because an oil or gas well or a mine constitutes a separate facility, the term related terminal income does not include income derived in any form from a deposit of oil, natural gas, or any other mineral located on property owned or leased by the terminal railroad corporation.
Similarly, while the term includes income derived from the rental of a small number of offices located in the terminal building (whether or not the lessees are railroad corporations), it does not include income derived from the leasing or operation, for the use of the general public, of a large number of offices or a large number of rooms for lodging, whether or not the space is physically part of the same structure as the terminal. Moreover, the term does not include income derived from the rental of offices to the general public in an addition to the terminal building constructed after October 23, 1962, unless the addition is primarily used for railroad purposes and the offices rented to the general public do not constitute a separate facility in the addition. Whether or not income from the addition is determined to be related terminal income, the income from the small number of offices which were included in the terminal building before the addition was constructed shall continue to be related terminal income.
Example. For its calendar year 1973, the R Company, a terminal railroad corporation, has taxable income of $36,000, before the application of section 281 and taking no account of section 277, determined as follows:
Gross income: | |
Switching charges | $50,000 |
Express companies | 2,000 |
Commuter line | 4,000 |
U.S. mail handling | 4,000 |
Railroad bridge tolls: | |
From railroads | 2,000 |
From automobiles | 1,000 |
Total | 3,000 |
Station and train charges | 47,000 |
Terminal parking lot | 4,000 |
Rent from terminal building: | |
Passenger facilities (ground level) | 8,000 |
Offices leased to railroads (2d floor) | 3,000 |
Offices leased to others (2d floor) | 1,000 |
Hotel open to public (3d through 6th floors) | 14,000 |
Total | 26,000 |
Interest received from bond investments | 1,500 |
Dividends received from wholly owned subsidiary | 10,000 |
Amount realized from sale of equipment | 6,000 |
Less: | |
Adjusted basis | 1,000 |
Expenses of sale | 500 |
1,500 | |
4,500 | |
156,000 | |
Allowable deductions: | |
Dividend received deduction | 8,500 |
Interest paid: | |
On loan for hotel furnishings | 1,500 |
On loan for rolling stock | 2,000 |
3,500 | |
Maintenance, depreciation, management and other expenses: | |
Attributable to hotel | 3,000 |
Attributable to parking lot | 1,000 |
Attributable to U.S. mail handling | 1,000 |
All other | 98,000 |
103,000 | |
Loss from sale of securities | 3,000 |
Charitable contribution | 500 |
Net operating loss deduction | 1,500 |
120,000 | |
Taxable income before the application of sec. 281 | 36,000 |
The R Co.'s related terminal income for 1973 is $24,000, computed as follows: | |
Taxable income (before the application of sec. 281) | 36,000 |
Less: | |
Dividend received | 10,000 |
Minus dividend received deduction | 8,500 |
1,500 | |
Interest received | 1,500 |
Amount realized from sale of equipment | 6,000 |
Less: | |
Adjusted basis | 1,000 |
Expense of sale | 500 |
1,500 | |
4,500 | |
Hotel income | 14,000 |
Less: | |
Interest paid on loan for hotel | 1,500 |
Other hotel expenses | 3,000 |
4,500 | |
9,500 | |
17,000 | |
19,000 | |
Add: | |
Loss from sale of securities | 3,000 |
Charitable contribution | 500 |
Net operating loss deduction | 1,500 |
5,000 | |
Related terminal income | 24,000 |
Switching charges | $50,000 |
Express companies | 2,000 |
Commuter line | 4,000 |
U.S. mail handling | 4,000 |
Railroad bridge tolls | 3,000 |
Station and train charges | 47,000 |
Terminal parking lot | 4,000 |
Rent from: | |
Passenger facilities | 8,000 |
Offices | 4,000 |
Total | 126,000 |
26 C.F.R. §1.281-3