-29- 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...)Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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