Anclote Psychiatric Center, Inc. - Page 43

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            the character of the income as such does not prevent the                                     
            application of section 265(1).  As we stated in Rickard v.                                   
            Commissioner, supra at 193-194, where the tax exemption attaching                            
            to the taxpayer's farm income derived from his status as an                                  
            Indian and the location of the farm on Indian land:                                          
                  The legislative purpose behind section 265 is                                          
                  abundantly clear:  Congress sought to prevent taxpayers                                
                  from reaping a double tax benefit by using expenses                                    
                  attributable to tax-exempt income to offset other                                      
                  sources of taxable income.  Manocchio v. Commissioner,                                 
                  78 T.C. 989, 997 (1982), affd. 710 F.2d 1400 (9th Cir.                                 
                  1983).  More importantly, the Supreme Court has                                        
                  concluded that Congress intended to limit deductions to                                
                  those expenses related to taxed income.  Rockford Life                                 
                  Insurance Co. v. Commissioner, 292 U.S. 382 (1934).                                    
                  * * *  [Fn. refs. omitted.]                                                            
                  Nor is it relevant that the tax-exempt income to which FPCF                            
            relates was earned by petitioner in an earlier year.  In Stroud                              
            v. United States, supra, the taxpayer was denied a deduction for                             
            amounts paid in the taxable year because of a breach of contract                             
            to provide medical service in return for a tax-exempt scholarship                            
            received in an earlier year.                                                                 
                  We hold that the FPCF payments in question are not                                     
            deductible.                                                                                  
            Grants to Organizations and for Patient Care                                                 
                  Respondent disallowed further deductions for petitioner's                              
            grants to charitable organizations because of the limit contained                            
            in section 170(b)(2), which provides that a corporation's                                    
            deductions for charitable contributions may not exceed 10 percent                            





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