Michael and Marla Sklar - Page 15

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          Church of Scientology to deduct as charitable contributions                 
          “auditing” and “training” payments.6                                        
               2.   Whether Petitioners’ Tuition Payments Qualify for                 
                    Deduction Under Section 170 Pursuant to a Dual Payment            
                    Analysis                                                          
                    a.   Introduction                                                 
               To put our consideration of petitioners’ contentions in                
          context, we first consider whether petitioners’ payment of                  
          tuition and fees is deductible under a dual payment analysis to             
          the extent the payments exceed the value of the secular education           
          received by their children.  See United States v. Am. Bar                   
          Endowment, 477 U.S. 105 (1986); Sklar v. Commissioner, supra at             
          612, 614 n.3, 621.  We initially consider that issue without                
          regard to the enactment of sections 170(f)(8) and 6115 in 1993              
          and the Commissioner’s settlement with the Church of Scientology            
          on October 1, 1993.  We then consider the effect (if any) of                
          those developments on our analysis.                                         
                    b.   Background                                                   
               In 1967, the Commissioner issued Rev. Rul. 67-246, 1967-2              
          C.B. 104, in response to:                                                   
               an increasing number of instances * * * in which the                   
               public has been erroneously advised in advertisements                  
               or solicitations by sponsors that the entire amounts                   

               6  Petitioners contend that sec. 7491(a) requires respondent           
          to bear the burden of proof on all factual issues in the case.              
          We need not decide the point because our findings and analysis in           
          this case do not depend on which party bears the burden of proof.           





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