- 4 - 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.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