-44- the evidence. Buzzetta Construction Corp. v. Commissioner, 92 T.C. at 648; Mailman v. Commissioner, 91 T.C. 1079, 1084 (1988); Pulver Roofing Co. v. Commissioner, 70 T.C. 1001, 1011 (1978). Taxpayers are required to clearly show that the Commissioner’s action was arbitrary, capricious, or without sound basis in fact. Knight-Ridder Newspapers v. United States, 743 F.2d 781, 788 (11th Cir. 1984); Mailman v. Commissioner, 91 T.C. at 1084; Drazen v. Commissioner, 34 T.C. 1070, 1076 (1960). [Capitol Federal Savings & Loan v. Commissioner, 96 T.C. 204, 213 (1991).] Petitioner’s application for the favorable ruling letter that it received from respondent represented that no part of its net income would inure to the benefit of any private shareholder or individual. Petitioner’s articles of incorporation are to the same effect, but reserve the exceptions that it is permitted to (1) pay reasonable compensation for service and (2) make payments and distributions in furtherance of its charitable purposes. On the basis of a record which is woefully inadequate on these particular points, we have held that (a) there was an inurement in petitioner’s fiscal 1986 when petitioner paid Zerbini to provide legal services to Zeve, and (b) there were inurements in petitioner’s fiscal 1984 and 1985 because petitioner failed to carry its burden of proving that it did not overpay P&R (owned 20 percent by Zeve and 20 percent by Popovic) for renting the Center. Our holdings on inurement in the instant case are in effect holdings that, in each of the years in issue, petitioner “operated in a manner materially different from that originally represented”, within the meaning of section 601.201(n)(6), Statement of Procedural Rules.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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