-3- Year1 Deficiency 1984 $17,957 1985 19,719 1986 3,818 1 Taxable years ending September 30 of each of the years in issue. References in this opinion to petitioner’s fiscal years are to years ending on September 30 of the indicated years. After concessions1 the issues for decision are as follows: (1) Whether any part of petitioner’s net earnings inured to the benefit of private shareholders or individuals, within the meaning of section 501(c)(3).2 1 Petitioner does not dispute the correctness of respondent’s notice of deficiency calculations of the deficiency for any year as to which we hold petitioner was not tax-exempt. At trial, respondent contended that petitioner was not exempt because petitioner failed the statutory inurement test and also because petitioner failed the test of sec. 1.501(c)(3)- 1(c)(2), Income Tax Regs., to the effect that an organization is not operated exclusively for one or more exempt purposes if its net earnings inure in whole or in part to the benefit of private shareholders or individuals. On opening brief, respondent notes the overlap between the two contentions and states that its argument “is confined to private inurement.” Thereafter, respondent deals only with the statutory inurement test. We treat this as respondent’s abandonment of the regulatory operational test. 2 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.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