Michael and Marla Sklar - Page 4




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          section 509(a) because they are organizations described in                  
          section 170(b)(1)(A)(ii).  In short, they are orthodox Jewish day           
          schools, and their students receive a complete dual curriculum in           
          religious and secular studies.  Both schools issue academic                 
          grades in their secular and religious education programs.  During           
          1994, three of petitioners’ minor children attended Emek and one            
          minor child attended Yeshiva Rav Isacsohn.                                  
               The schools establish annually the amount of tuition for               
          each student, payment of which is mandatory.  There are also                
          other mandatory payments for, inter alia, special events and                
          application processing.  Partial scholarships are provided for              
          students with financial needs.  Tuition payments are recorded as            
          such in the schools’ books, and charitable contributions to the             
          schools are recorded as “donations”.                                        
               In the petition, petitioners makes no allegations in                   
          connection with the addition to tax for delinquency.  In                    
          petitioners’ response to a motion for summary judgment filed by             
          respondent and subsequently denied, petitioners state:                      
               The primary reason for filing after October 16, 1995, was              
               lack of sufficient time to correctly prepare the return due            
               to high work-related volume petitioner Michael Sklar, who is           
               the petitioner knowledgeable in the taxable affairs of                 
               petitioners and regularly prepares petitioners’ returns.               
               The reason this was not stated in the original petition is             
               that petitioners felt that it was a moot point as, in the              
               opinion of petitioners, there is no deficiency.                        
          Petitioners presented no further evidence on this issue.                    






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