- 9 - (3) A post or organization of war veterans, or an auxiliary unit or society of, or trust or foundation for, any such post or organization -- (A) organized in the United States or any of its possessions, and (B) no part of the net earnings of which inures to the benefit of any private shareholder or individual. Penrith Church The record shows that Penrith Church was incorporated under the Jamaican Companies Act on June 9, 1987, under the name of Pentecostal Holiness Church of Jamaica Limited. Penrith Church is not a qualified donee under section 170(c)(2) because it was not created or organized in the United States or in any possession thereof, or under the laws of the United States, any State, the District of Columbia, or any possession of the United States. See ErSelcuk v. Commissioner, 30 T.C. 962 (1958); Alisobhani v. Commissioner, T.C. Memo. 1994-629. Therefore, we hold that petitioners, as a matter of law, are not entitled to deductions for their charitable contributions to Penrith Church.4 4 At trial, petitioners' called as their witness Carol Johnson (Johnson). Johnson resided in Kingston, Jamaica, and is a missionary evangelist in the Pentecostal Holiness Church in Jamaica. Johnson thoroughly convinced us that petitioners (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011