Women of the Motion Picture Industry, et al. - Page 17

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                    Further, the Club's beano license could be revoked if              
               petitioner were to violate the donation requirement of the              
               Massachusetts Beano Law.  Accordingly, obtaining the                    
               assurance that its license would not be revoked for failure             
               to comply with that requirement was itself a quid pro quo               
               for the donations. * * *                                                
          Id. at 176.  The Court held that the donations "were clearly                 
          necessary, in the strict sense of the word, to the lawful conduct            
          of beano games by petitioner since they were required by                     
          Massachusetts law as a condition to the retention of its license             
          to operate such games."  Id. at 177.  The donations were held to             
          be currently deductible as ordinary and necessary expenses under             
          section 162 "in the nature of an annually recurring license                  
          expense."  Id.  The taxpayer was allowed a deduction under                   
          section 512(a) for the entire amount of donations paid.                      
               Respondent argues that South End Italian Independent Club,              
          Inc. v. Commissioner, supra, is distinguishable based upon the               
          Massachusetts regulations.  Respondent argues that it appears                
          that the Court interpreted Massachusetts law as requiring the                
          taxpayer to distribute its entire net proceeds for lawful                    
          purposes on an annual basis in order to retain its bingo                     
          license.9  For support, respondent construes the regulations,                
          Mass. Regs. Code tit. 961, sec. 3.05(3)(a)(3)(1980), as providing            
          that the balance of unexpended net proceeds in an organization's             


          9    As a factual matter, there is some indication that the                  
          taxpayer in South End Italian Independent Club, Inc. v.                      
          Commissioner, 87 T.C. 168 (1986), did not distribute its entire              
          net proceeds on an annual basis.  See id. at 171 & n.3.                      




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