6 You are not operated exclusively for exempt purposes within the meaning of section 501(c)(3) of the Code. You serve private rather than public interests. Your net income ensures to the benefit of private individuals. Your activities further substantial nonexempt purposes. Furthermore, you have not established that you will engage in scientific research within the meaning of section 501(c)(3) of the Code. Finally, you do not qualify as a church within the meaning of the Code. This petition followed, asking that the Court rule that petitioner qualifies for exemption under section 501(c)(3), and that it further qualifies as a church under sections 509(a)(1) and 170(b)(1)(A)(i). The focus of a section 7428 action in this Court is the review of respondent's administrative determination that petitioner is not exempt. The Court's review of the Service's determination in an initial application case is limited to the materials contained in the administrative record before the Court. Rule 217(a); Houston Lawyer Referral Serv., Inc. v. Commissioner, 69 T.C. 570, 575 (1978). Petitioner bears the burden of proving that respondent's determination was erroneous. Rule 217(b)(2); Hancock Academy of Savannah, Inc. v. Commissioner, 69 T.C. 488, 492 (1977); The Church in Boston v. Commissioner, 71 T.C. 102, 106 (1978). Petitioner does not qualify for exemption, regardless of whether it furthers exempt purposes, if it also furthers a substantial nonexempt purpose. See Better Business Bureau v. Commissioner, 326 U.S. 279, 283-284 (1945). The question of whether a substantial nonexempt purposePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011