- 2 - 2. Held, further, respondent's determination that petitioner is not a publicly supported organization described in sec. 509(a)(2), I.R.C., and is therefore a private foundation, is sustained. 3. Held, further, respondent's cashing of petitioner's check submitted with a letter purportedly offering to compromise petitioner's unrelated business income tax liability for 1993 does not constitute a valid offer in compromise. See sec. 7122, I.R.C.; Botany Worsted Mills v. United States, 278 U.S. 282, 288-289 (1929); sec. 301.7122-1(d), Proced. & Admin. Regs. Truman Clare, for petitioner. William I. Miller, for respondent. MEMORANDUM OPINION NIMS, Judge: Respondent determined that petitioner qualified for exemption from Federal income tax under section 501(a) as an organization described in section 501(c)(3). Respondent further determined that petitioner does not qualify for the exception from private foundation categorization contained in section 509(a)(2). Petitioner challenges respondent's determination by invoking the jurisdiction of this Court for a declaratory judgment pursuant to section 7428. Unless otherwise indicated, all section references are to sections of the Internal Revenue Code in effect for the years in issue. All Rule references are to the Tax Court Rules of Practice and Procedure. All dollar amounts are rounded to the nearest dollar.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011