18 beano account could not exceed the lesser of $50,000 or the amount of net proceeds reported on the organization's annual report most recently filed annual report. Respondent argues that the Texas Act is distinguishable in that section 11(d) of the Act does not require that net proceeds be devoted to charitable purposes within a particular taxable year. In our view, respondent is attempting to narrow the holding of South End Italian Independent Club, Inc. v. Commissioner, supra. Respondent relies on a temporal constraint that is not expressed in the Court's opinion. Further, we do not infer from the Court's opinion that such a requirement was necessarily contemplated. See supra note 9. In addition, it is clear WSA risked losing its bingo license if it used any part of its net bingo proceeds, above or below the minimum amount, for other than charitable purposes. Respondent contends that an organization's license will not be suspended if the organization makes the minimum charitable disbursements. However, an organization must also comply with section 11(d) of the Act which requires that net proceeds from bingo be devoted to charitable purposes. If the agency responsible for regulating bingo finds that an organization has disbursed funds for a purpose other than for payment of expenses allowed under the Act or for charitable purposes, the agency will issue a "show compliance letter." Administrative actions thereafter may lead to revocation or suspension of such organization's license.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