- 5 - 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’sPage: 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