-8- Under section 265(1)3, payments made to FPCF are not deductible if they are allocable to a class of exempt income. Section 265 provides the following: No deduction shall be allowed for-- (1) Expenses.--Any amount otherwise allowable as a deduction which is allocable to one or more classes of income other than interest (whether or not any amount of income of that class or classes is received or accrued) wholly exempt from the taxes imposed by this subtitle * * *. Respondent contends that, as a section 501(c)(3) organization from 1977 to October 1, 1982, petitioner's income was exempt from tax under section 501(a) and as a result section 265(1) disallows deductions for expenses allocable to that income. Thus, respondent argues, petitioner is not entitled to deduct payments to the FPCF attributable to insurance coverage for years in which petitioner was a tax-exempt organization. Based upon the record, we find that a dispute of material fact exists as to both the amount of the payments made by petitioner to the FPCF and the years to which these payments correspond. Petitioner argues that it is allowed as ordinary and necessary business expenses the amounts paid to the FPCF under the settlement agreement. The settlement agreement, at least in part, required petitioner to make payments for taxable years in which petitioner was an exempt organization. Petitioner argues 3Sec. 265(1) was redesignated as sec. 265(a)(1) by sec. 902(d) of the Tax Reform Act of 1986.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011