Variety Club Tent No. 6 Charities, Inc. - Page 28

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          voice in petitioner’s activities generally, that he did not have            
          any formal control over any of petitioner’s activities, and that            
          he did not have any practical control over any of petitioner’s              
          activities.                                                                 
               We conclude, and we have found, that Vecchio was not an                
          insider with respect to petitioner during any of the years in               
          issue.                                                                      
               We hold in part for respondent and in part for petitioner on           
          this issue.                                                                 
          B. Did Any of Petitioner’s Net Earnings Inure to Zeve or Popovic?           
               We consider the categories of inurement items seriatim as              
          listed by respondent.                                                       
               (1) Diverted Bingo Proceeds                                            
               Respondent contends that Zeve and Popovic profited from                
          petitioner’s breach of its fiduciary duty to the charitable trust           
          funds that consisted of the proceeds of the bingo games, and this           
          constitutes an inurement of petitioner’s net earnings to private            
          individuals.  Petitioner contends that (1) the skimmed bingo                
          proceeds that Popovic used to pay for repairs, renovations, and             
          bingo workers’ compensation did not inure to insiders, and (2)              
          inurement involves an intentional conferring of benefits, while             
          the instant case involves theft.                                            
               We agree with petitioner’s conclusion.                                 
               Zeve and Popovic worked together to skim part of the                   
          proceeds of the bingo games that Popovic operated for petitioner,           




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