- 2 - section references are to the applicable versions of the 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 mailing address was in Ontario, California, when its petition was filed. William J. Tully is a promoter of tax-exempt entities, and he was retained by Donald Tamaki to form for him a tax-exempt foundation. Mr. Tully organized a corporation named "Tamaki Foundation" (petitioner herein). Petitioner's officers are Mr. Tully (vice president), Mr. Tamaki (president), and Mr. Tamaki's wife, Mary (secretary and treasurer). These officers also serve as directors on petitioner's board. Mr. Tully filed articles of incorporation for petitioner with the Nevada secretary of state, and he prepared bylaws for the corporation. The articles state that petitioner's primary purpose is "TO PROVIDE FINANCIAL ASSISTANCE TO 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."Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011