Dharma Enterprises - Page 16

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          Merritt v. Commissioner, 39 T.C. 257, 270 (1962), revd. on                  
          another issue sub nom. Paragon Jewel Coal Co. v. Commissioner,              
          330 F.2d 161 (4th Cir. 1964), revd. 380 U.S. 624 (1965); Belknap            
          v. Commissioner, T.C. Memo. 1989-210.  Typically two parties are            
          considered closely related if they have common owners.  However,            
          petitioner is a nonprofit corporation under the laws of the State           
          of California and does not have shareholders.  Nevertheless, we             
          find that petitioner is closely related to DM for Federal income            
          tax purposes and that petitioner and DM did not negotiate the               
          amount of the royalty payments at arm's length.                             
               Petitioner and DM have a common purpose, to preserve Tibetan           
          Buddhism.  Petitioner's payments to DM satisfy its stated purpose           
          to financially support the Buddha Dharma.  Petitioner has a tax             
          incentive to characterize the payments to DM as fully deductible            
          royalties as opposed to charitable contributions for which                  
          deductions are limited under section 170.  DM also benefits from            
          the relationship because it received the profits from a                     
          commercial printing business while minimizing the risks to its              
          tax-exempt status.  Ordinarily, a common purpose between two                
          charitable or religious organizations will not result in a                  
          finding that the two entities are closely related for tax                   
          purposes, subjecting their transactions to close scrutiny by a              
          court with regard to the reasonableness of transactions between             
          them.  Based on the facts and circumstances of this case, we find           
          that petitioner and DM are closely related parties and used that            
          relationship to claim excessive deductions that are not justified           


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