17 Further, the Club's beano license could be revoked if petitioner were to violate the donation requirement of the Massachusetts Beano Law. Accordingly, obtaining the assurance that its license would not be revoked for failure to comply with that requirement was itself a quid pro quo for the donations. * * * Id. at 176. The Court held that the donations "were clearly necessary, in the strict sense of the word, to the lawful conduct of beano games by petitioner since they were required by Massachusetts law as a condition to the retention of its license to operate such games." Id. at 177. The donations were held to be currently deductible as ordinary and necessary expenses under section 162 "in the nature of an annually recurring license expense." Id. The taxpayer was allowed a deduction under section 512(a) for the entire amount of donations paid. Respondent argues that South End Italian Independent Club, Inc. v. Commissioner, supra, is distinguishable based upon the Massachusetts regulations. Respondent argues that it appears that the Court interpreted Massachusetts law as requiring the taxpayer to distribute its entire net proceeds for lawful purposes on an annual basis in order to retain its bingo license.9 For support, respondent construes the regulations, Mass. Regs. Code tit. 961, sec. 3.05(3)(a)(3)(1980), as providing that the balance of unexpended net proceeds in an organization's 9 As a factual matter, there is some indication that the taxpayer in South End Italian Independent Club, Inc. v. Commissioner, 87 T.C. 168 (1986), did not distribute its entire net proceeds on an annual basis. See id. at 171 & n.3.Page: 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