-8- board of trustees at the Club’s annual meeting. The board of trustees, which could range in size from 3 to 15 members, manages the business of petitioner. The board of trustees chooses officers, including chairman of the board, executive director, assistant director, secretary, treasurer, and one or more assistant directors, assistant secretaries, and assistant treasurers, who are responsible for petitioner’s day-to-day affairs. The board of trustees makes decisions for petitioner at monthly meetings. The board of trustees makes expenditure decisions at its meetings; petitioner’s code of regulations does not authorize individual officers or members--not even the treasurer--to make expenditure decisions. Petitioner had 11 officers during the tenure of Lawrence C. Plants (hereinafter sometimes referred to as Plants), who was petitioner’s president4 during its fiscal year 1984 through 3(...continued) the Club. The witnesses’ and the parties’ references to membership have been in terms of membership in petitioner, and not in the Club. In discussing questions of control, both parties seem to have ignored the fact that the Club, as petitioner’s only voting member, appears to control petitioner. Also, both parties seem to have ignored any question of who controlled the Club. Initially, all the officers of petitioner held more-or-less corresponding positions in the Club. Because the record does not include information as to who controlled the Club during the years in issue and because the parties do not regard the role of the Club as significant in dealing with the issues in the instant case, we have determined to ignore the controlling role of the Club. Concord Consumers Housing v. Commissioner, 89 T.C. 105, 106 n.3 (1987). 4 So stipulated. Petitioner’s code of regulations (continued...)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