- 16 - 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 justifiedPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011