Education Athletic Association, Inc. - Page 11




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          relationship between the trade or business and the exempt                   
          activity.  It follows that income generated from pickle card                
          sales was derived from an unrelated trade or business.                      
               Accordingly, pickle card sales income is UBTI for purposes             
          of section 512(a).  Since all of petitioner's gross receipts were           
          derived from pickle card sales and the sale of pickle cards                 
          constitute UBTI to petitioner, we sustain respondent's                      
          determination that petitioner is not a publicly supported                   
          organization described in section 509(a)(2), and is therefore a             
          private foundation.                                                         
               We note petitioner's assertion that respondent accepted a              
          purported offer in compromise, in response to which respondent              
          allegedly agreed that the pickle card sales were not unrelated              
          business income (UBI) and is therefore barred from asserting that           
          the pickle card sales were UBTI.  A fair reading of the contents            
          of the letter attached to petitioner's check leads us to conclude           
          that the letter merely constituted a settlement offer to resolve            
          the dispute resulting from the IRS audit of petitioner's 1993,              
          1994, and 1995 years.  In any event, petitioner's so-called offer           
          in compromise does not comply with the specific requirements of             
          section 7122 and the regulations thereunder, and must also fail             
          for that reason.  See Botany Worsted Mills v. United States, 278            
          U.S. 282, 288-289 (1929).                                                   







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Last modified: May 25, 2011