United Cancer Council, Inc. - Page 5

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               individuals, within the meaning of sections 501(c)(3) and              
               170(c)(2)(C).                                                          
                    (3) If the answer to issue (1) is “no”, or the answer             
               to issue (2) is “yes”, then whether the retroactive                    
               revocation of the favorable ruling letter was an abuse of              
               discretion.                                                            
               The parties have also raised ancillary issues, including the           
          following:  (1) whether petitioner’s direct mail fundraising                
          arrangement with Watson and Hughey Company (hereinafter sometimes           
          referred to as W&H) constitutes a joint venture; (2) whether a              
          portion of the direct mail campaign expenses petitioner incurred            
          are properly allocable to public education; and (3) whether the             
          mailings made under petitioner’s nonprofit mail permits violate             
          United States Postal Service regulations as cooperative mailings            
          due to the nature of the fundraising arrangement between                    
          petitioner and W&H, and to W&H’s co-ownership rights in                     
          petitioner’s mailing list.                                                  
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated; the stipulations and           
          the stipulated exhibits are incorporated herein by this                     
          reference.                                                                  
               On June 1, 1990, petitioner filed for bankruptcy under                 
          chapter 7 of the Bankruptcy Code in the U.S. Bankruptcy Court for           
          the Southern District of Indiana, Indianapolis Division.  On                
          January 28, 1991, the bankruptcy court granted petitioner’s                 




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