Anclote Psychiatric Center, Inc. - Page 8

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                  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.                                                       




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