Variety Club Tent No. 6 Charities, Inc. - Page 38

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          pay rent for a hall to conduct its bingo games and contends that,           
          under Ohio law, the $250 per session that it paid was a                     
          reasonable rent.                                                            
               We agree with respondent.                                              
               An organization’s payment of reasonable rent to an insider             
          for the organization’s use of the insider’s property would not              
          constitute inurement of net earnings but payment of an excessive            
          amount in the form of rent would.  Founding Church of Scientology           
          v. United States, 188 Ct. Cl. 490, 412 F.2d 1197, 1202 (1969);              
          Texas Trade School v. Commissioner, 272 F.2d 168, 169 (5th Cir.             
          1959), affg. 30 T.C. 642, 647 (1958).12  Whether the payment in             
          question exceeds a reasonable rental is a question of fact.                 
          Harmon City, Inc. v. United States, 733 F.2d 1381, 1385 (10th               
          Cir. 1984); Southeastern Canteen Co. v. Commissioner, 410 F.2d              
          615, 619 (6th Cir. 1969), affg. on this issue and revg. on                  
          another issue T.C. Memo. 1967-183.                                          
               During petitioner’s fiscal 1984 and part of fiscal 1985                
          petitioner paid $250 per bingo session to P&R to rent the Center            
          for bingo fundraising.  We have held that Zeve and Popovic are              
          insiders, in particular with regard to petitioner’s bingo                   
          fundraising activities.  Zeve and Popovic each owned 20 percent             
          of P&R.  If petitioner was paying more than reasonable rent to              



               12   To the same effect is Bramson v. Commissioner, T.C.               
          Memo. 1986-273.                                                             




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