13 is a charitable disbursement under Texas law. Based on this proposition, FSEP, Schoenstatt, ACADA, and WSA argue that they are entitled to deductions for all the proceeds from their "instant bingo" activities transferred to their general accounts. Petitioners argue that such transfers are not distinguishable from payments to outside charities. Petitioners assert that each organization's general funds were used only for exempt purposes. Petitioners argue that these amounts are deductible as business expenses pursuant to sections 162(a) and 512(a). Respondent counters that in order to be entitled to deductions under sections 162(a) and 512(a), petitioners must establish that any amounts claimed were actually paid from their general fund or account for charitable purposes during the years in issue and that the amounts paid were attributable to "instant bingo" proceeds. Respondent contends that petitioners have failed to establish that they expended amounts from "instant bingo" proceeds transferred to their general accounts in excess of those stipulated by the parties. We do not agree with petitioners that a transfer of proceeds from one account of an organization to another account of the same organization is equivalent to a payment to an outside charity for Federal tax purposes, or more precisely for the purposes of sections 162(a) and 512(a). Whether the transfers qualified as disbursements for purposes of the Texas Act is not dispositive of the Federal tax consequences. Pursuant to sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011