Variety Club Tent No. 6 Charities, Inc. - Page 29

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          and to hide this skimming from petitioner’s board of trustees by            
          falsifying the records of the bingo operations.  Part of the                
          skimmed funds was used for unauthorized repairs and renovations,            
          part was used for unauthorized and illegal compensation paid to             
          bingo workers, and part went into Zeve’s and Popovic’s pockets.             
          As petitioner puts it on brief, Zeve and Popovic were stealing              
          petitioner’s bingo proceeds, “pure and simple”.                             
               Neither side has directed our attention to any court opinion           
          in the inurement area involving theft from an organization by an            
          insider with respect to that organization, and our research has             
          not led us to any such opinion.  Our research has uncovered 31              
          other places in the current text of the Internal Revenue Code of            
          1986 in which “inures”, or a variant such as “inure” or                     
          “inurement”, is used.  All of these uses involve charitable or              
          other types of exempt organizations.  Most of these uses, like              
          that in section 501(c)(3), prohibit an improper inurement, while            
          some require that an entire item inure to the benefit of the                
          favored organization.  None of these uses materially assists in             
          our analysis of the circumstances, if any, in which a theft                 
          constitutes an inurement.  Also, the regulations do not deal                
          directly with the question before us.                                       
               Although our search must be for the meaning of the statutory           
          term, “inures”,10 we may be guided by our understanding of what             

               10   See O.W. Holmes, “The Theory of Legal Interpretation”,            
                                                             (continued...)           




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