State Police Association of Massachusetts - Page 28

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          activities, the regulations provide that "the conduct of such               
          activities by an exempt organization during a significant portion           
          of the season ordinarily constitutes the regular conduct of trade           
          or business."  Id.                                                          
               The regulations provide special rules for "intermittent                
          activities".  Sec. 1.513-1(c)(2)(ii) and (iii), Income Tax Regs.            
          We have previously noted:                                                   
               The regulation does not, in terms, define                              
               "intermittent".  We gather from the context that an                    
               activity is to be regarded as intermittent if it is not                
               conducted by the tax-exempt organization on a year-                    
               round basis (or, with regard to an activity that is                    
               normally conducted by nonexempt organizations only on a                
               seasonal basis, the activity is intermittent if it is                  
               not conducted by the tax-exempt organization for                       
               substantially the full season).  * * *  [Veterans of                   
               Foreign Wars, Mich. v. Commissioner, 89 T.C. 7, 32                     
               (1987).]                                                               
          The regulations, apparently equating "intermittent" with                    
          "discontinuous" and "periodical", provide that exempt                       
          organization business activities "which are engaged in only                 
          discontinuously or periodically will not be considered regularly            
          carried on if they are conducted without the competitive and                
          promotional efforts typical of commercial endeavors."  Sec.                 
          1.513-1(c)(2)(ii), Income Tax Regs.  For example, "the                      
          publication of advertising in programs for sports events or music           
          or drama performances will not ordinarily be deemed to be the               
          regular carrying on of business."  Id.                                      








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