Anclote Psychiatric Center, Inc. - Page 3

                                                  -3-                                                   
            solely for purposes of deciding the motion and are not findings                             
            of fact for this case.  Fed. R. Civ. P. 52(a); Sundstrand Corp.                             
            v. Commissioner, supra at 520.                                                              
            1.  Background                                                                              
                  Petitioner was originally incorporated in 1951 as a for-                              
            profit corporation to operate a long-term care psychiatric                                  
            hospital in Tarpon Springs, Florida.  Petitioner later amended                              
            and restated its articles of incorporation in 1957 to become a                              
            nonprofit corporation.  During the years at issue, petitioner's                             
            principal place of business was Tarpon Springs, Florida.                                    
                  In 1981, petitioner proposed to sell its assets to a Florida                          
            for-profit organization established and owned by members of                                 
            petitioner's board of directors.  Prior to entering this                                    
            transaction, petitioner obtained a letter ruling from the                                   
            National Office of the Internal Revenue Service (IRS) dated May                             
            27, 1982, stating that, under the facts alleged by petitioner in                            
            its request for a ruling, the sale of its assets would not                                  
            jeopardize its tax-exempt status.  In 1983, petitioner sold the                             
            assets to its board of directors for $6,318,000; the sale price                             
            included a $1,818,000 liability assumption by the board of                                  
            directors.  Two years later, the board of directors sold the                                
            assets to an unrelated third party for $29,587,000.  On its 1983                            
            return, petitioner reported a total sale price of $4,500,000.                               
                  As a result of these transactions, a RICO civil action suit                           
            was filed in the U.S. District Court of the Northern District of                            




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

Last modified: May 25, 2011