Variety Club Tent No. 6 Charities, Inc. - Page 44

                                        -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.                                              





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