Tamaki Foundation - Page 2




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          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."                                         





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