- 11 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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