- 5 - When it transmitted its Forms 990-T for 1993, 1994, and 1995 and paid the tax liability for 1993, petitioner attached a letter stating in pertinent part: Enclosed is [a] check * * * in the amount of $573.75 for payment in full of all assessed taxes and penalties for calendar year 1993. It is my understanding that there were no taxes or penalties for 1994 and 1995. This check is being delivered to you as an offer in settlement in connection with the above-referenced tax audit and dispute. It is a condition precedent for the delivery of this check to the Internal Revenue Service that it agree to the above. After receiving the Forms 990-T for 1993, 1994, and 1995, respondent cashed the check but did not propose additional taxes and did not issue a notice of deficiency. On January 28, 1998, respondent made a determination that petitioner was a private foundation under section 509(a), effective January 1, 1993. However, petitioner's section 501(c)(3) status remained undisturbed. Discussion The sole issue for decision is whether respondent correctly determined that petitioner, an exempt organization under section 501(c)(3), is not a publicly supported organization described in section 509(a)(2) and therefore is a private foundation. Although the case was submitted on the stipulated record pursuant to Rule 122, petitioner bears the burden of proof as to whether it is a publicly supported organization as described in section 509(a)(2). See Rule 217(c)(2)(A).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011