United Cancer Council, Inc. - Page 4

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               CHABOT, Judge:  Petitioner initiated this action pursuant to           
          section 74281 for a declaratory judgment that for all periods               
          beginning on or after June 11, 1984, it qualifies as an                     
          organization described in section 501(c)(3) which is exempt from            
          tax under section 501(a) and that it qualifies as an organization           
          described in section 170(c)(2).  The action was initiated after             
          respondent revoked a favorable ruling letter which had been                 
          issued to petitioner.  The revocation is retroactive to June 11,            
          1984.  Petitioner has exhausted its administrative remedies and             
          satisfied the other statutory predicates (sec. 7428(b); Rule                
          210(c))2.                                                                   
               The issues for decision are as follows:3                               
                    (1) Whether petitioner is operated exclusively for                
               charitable, educational, scientific, or other exempt                   
               purposes under sections 501(c)(3) and 170(c)(2)(B).                    
                    (2) Whether any part of petitioner’s net earnings                 
               inured to the benefit of private shareholders or                       


               1    Unless indicated otherwise, all section references are            
          to sections of the Internal Revenue Code of 1954 or the Internal            
          Revenue Code of 1986, as in effect for the period of time                   
          referred to.                                                                
               2    Unless indicated otherwise, all Rule references are to            
          the Tax Court Rules of Practice and Procedure.                              
               3    In United Cancer Council, Inc. v. Commissioner, 100               
          T.C. 162 (1993), we denied petitioner’s motion for summary                  
          judgment, holding that the due process clause of the Fifth                  
          Amendment to the Constitution does not require respondent to                
          initiate judicial review before revoking the ruling letter issued           
          to petitioner.                                                              




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