Education Athletic Association, Inc. - Page 5




                                        - 5 -                                         

               When it transmitted its Forms 990-T for 1993, 1994, and 1995           
          and paid the tax liability for 1993, petitioner attached a letter           
          stating in pertinent part:                                                  
                    Enclosed is [a] check * * * in the amount of $573.75              
               for payment in full of all assessed taxes and penalties for            
               calendar year 1993.  It is my understanding that there were            
               no taxes or penalties for 1994 and 1995.  This check is                
               being delivered to you as an offer in settlement in                    
               connection with the above-referenced tax audit and dispute.            
               It is a condition precedent for the delivery of this check             
               to the Internal Revenue Service that it agree to the above.            
               After receiving the Forms 990-T for 1993, 1994, and 1995,              
          respondent cashed the check but did not propose additional taxes            
          and did not issue a notice of deficiency.                                   
               On January 28, 1998, respondent made a determination that              
          petitioner was a private foundation under section 509(a),                   
          effective January 1, 1993.  However, petitioner's section                   
          501(c)(3) status remained undisturbed.                                      
                                     Discussion                                       
               The sole issue for decision is whether respondent correctly            
          determined that petitioner, an exempt organization under section            
          501(c)(3), is not a publicly supported organization described in            
          section 509(a)(2) and therefore is a private foundation.                    
          Although the case was submitted on the stipulated record pursuant           
          to Rule 122, petitioner bears the burden of proof as to whether             
          it is a publicly supported organization as described in section             
          509(a)(2).  See Rule 217(c)(2)(A).                                          






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011