Rural Utility Cooperative Posts

Cooperative Litigation Update: Texas Cooperative Lawsuit Considered on Appeal

by David R. Cook Jr.
August 7, 2012February 15, 2022

Earlier this past July, the Texas Court of Appeals ruled on important aspects of the cooperative lawsuit concerning Denton County Electric Cooperative, Inc., d/b/a CoServ Electric (“CoServ”). The court ruled, among other things, that (i) the cooperative was not subject to certain statutory rules governing non-profit corporations, and (ii) the electric cooperative statute did not impose a fiduciary duty on the cooperative itself. Read More »Cooperative Litigation Update: Texas Cooperative Lawsuit Considered on Appeal

AHC Cooperative Tax Brief: Telephone Cooperative’s Sale of Subsidiary

by David R. Cook Jr.
August 4, 2012February 15, 2022

In the latest cooperative tax ruling, the Service ruled that a cooperative’s (“Cooperative”) gain on sale of stock in corporations that offered services to Cooperative’s members was patronage-sourced. The ruling was important to Cooperative because it expected to fail the Member Income Test of Section 501(c)(12), subjecting Cooperative to regular corporate income tax. The favorable ruling allowed Cooperative to avoid substantial taxes in the gain.

AHC Attorney David Cook Presents Webinar on Power Purchase Agreements

by David R. Cook Jr.
July 30, 2012

AHC attorney David R. Cook will present a webinar regarding the legal and tax aspects of power purchase agreements (PPAs). Along with two other power industry professionals, he will address accounting and tax issues involved with PPAs. In addition, David will discuss important provisions in PPAs for allocating the risks and benefits arising from PPAs.Read More »AHC Attorney David Cook Presents Webinar on Power Purchase Agreements

Guest Post: A New Approach to Innovation Tax Policy For Renewables

by David R. Cook Jr.
July 22, 2012

This guest post is an excerpt from Congressional Testimony by Will Coleman before the House of Representatives Committee on Ways and Means, entitled Joint Hearing on Energy Tax Policy and Tax Reform. Please post your reaction and comments below. Read More »Guest Post: A New Approach to Innovation Tax Policy For Renewables

Effectively Managing Capital Credits

by David R. Cook Jr.
June 22, 2012February 15, 2022

AHC attorney David Cook has written an article for The Cooperative Accountant, a journal published by the National Society of Accountants for Cooperatives. The article… Read More »Effectively Managing Capital Credits

Guest Post: DOE Develops Cyber Risk Tools for Utilities

by David R. Cook Jr.
June 14, 2012

The U.S. Department of Energy (DOE) has released an initial version of a document designed to assist electric utilities in assessing their cyber security vulnerabilities. DOE developed the guide in coordination with several other agencies and electric industry representatives, including NRECA; Lubbock, Texas-based South Plains Electric Cooperative; and Johnson, Vt.-based Vermont Electric Cooperative.Read More »Guest Post: DOE Develops Cyber Risk Tools for Utilities

IRS Ruling Discusses Important Attributes of Power Purchase Agreements

by David R. Cook Jr.
May 7, 2012

In the context of renewable energy project development, power purchase agreements (“PPAs”) are the cornerstone upon which the project is built and operated. PPAs are contracts through which the developer or ultimate owner of a project sells power generated by the project to another party. PPAs typically represent the primary, and sometimes sole, revenue source for the project. Accordingly, PPAs should be drafted in a manner that recognizes their critical importance to both the project developer or owner and power purchaser.Read More »IRS Ruling Discusses Important Attributes of Power Purchase Agreements

The Role of the Cooperative Accountant

by David R. Cook Jr.
April 26, 2012May 22, 2023

AHC attorney David R. Cook recently spoke to a group of cooperative accountants about the role of accountants in cooperatives’ board meetings. The presentation focused on the duties of directors, officers, and in-house accountants to the cooperative and to each other.Read More »The Role of the Cooperative Accountant

AHC Cooperative Tax Brief: U.S. Cooperative Fulfills Global Needs

by David R. Cook Jr.
April 9, 2012February 15, 2022

In the latest Cooperative Tax Brief, AHC Attorney David Cook discusses a recent ruling by the Service that an international financing cooperative (“Finco”) with foreign… Read More »AHC Cooperative Tax Brief: U.S. Cooperative Fulfills Global Needs

Guest Blog: Preparing Your Cooperative Staff for an Election

by David R. Cook Jr.
April 8, 2012

This blog post was prepared by guest blogger Tim Madsen of Survey & Ballot Systems.

A cooperative, by definition, is an association of people voluntarily united to meet a common goal through democratic process and voluntary membership. Democratic cooperative governance requires an elected board that sets policies and makes decisions that are in the best interest of its members. In order for this to happen, members must have the opportunity to participate in well-run, open elections.Read More »Guest Blog: Preparing Your Cooperative Staff for an Election

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