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Internal Revenue Code. Rule references are to the Tax Court
Rules of Practice and Procedure.
Background
We decide this case on the basis of the entire
administrative record, see Rule 217(b)(1), which is incorporated
herein by this reference. Petitioner's principal place of
business was in Ontario, California, when its petition was filed.
William J. Tully is a promoter of tax-exempt entities, and
he was retained by William Shelby Oliver to form a tax-exempt
foundation under the control of the Oliver family. Mr. Tully
formed a corporation named "Oliver Family Foundation" (petitioner
herein). Petitioner's officers are Mr. Tully (vice president),
William Shelby Oliver (president), David S. Oliver (vice
president), Evelyn G. Oliver (secretary), and Robert W. Oliver
(treasurer). Petitioner's officers also serve as its directors.
Mr. Tully filed articles of incorporation for petitioner
with the Nevada secretary of state, and he prepared bylaws for
petitioner. The articles state that petitioner's primary purpose
is "TO PROVIDE FINANCIAL ASSISTANCE FOR THE NEEDY." The bylaws
state that petitioner's primary purpose is that set forth in the
articles. The bylaws further state that "Nothing herein
contained shall be construed to prevent any Director from
receiving compensation for services to the Corporation rendered
in a capacity other than Director."
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