- 8 - A realistic look at the operations of these two entities, however, shows that the activities of * * * [the taxpayer] and the Pastime Lounge were so interrelated as to be functionally inseparable. Separate accountings of receipts and disbursements does not change that fact. * * * Since the record in this case does not show that the * * * [taxpayer] was operated exclusively for exempt purposes, but rather indicates that it benefited private interests, exemption was properly denied. [Fn. ref. omitted.] Id. The manner in which petitioner is operated benefits private interests, KJ's Place and its owners. Like P.L.L. Scholarship Fund v. Commissioner, supra, petitioner's lottery tickets are sold at a single location, KJ's Place. As in P.L.L. Scholarship Fund v. Commissioner, supra, the lottery tickets are sold during KJ's Place's regular business hours, their sale overseen by the owners of KJ's Place, Hurd and Gould. While in KJ's Place, lottery ticket purchasers are solicited for beverages. As in P.L.L. Scholarship Fund v. Commissioner, supra, the accounts of petitioner and KJ's Place are kept separate and apart. Despite these similarities, petitioner contends that two factors distinguish it from P.L.L. Scholarship Fund v. Commissioner, supra. First, the board of directors is responsible for running petitioner, and the majority of the board members are not related to the owners of KJ's Place. Second, KJ's Place has allegedly lost money as patrons prefer to purchase lottery tickets rather than beverages.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011