- 6 - impulses. They were intended as payment in the nature of tuition for petitioners’ children, a personal expense. These mandatory payments were received as payments for tuition by the schools. Therefore, they do not qualify as charitable contribution deductions. In Hernandez v. Commissioner, 490 U.S. 680 (1989), the Supreme Court held on the record presented that payments for “auditing” to the Church of Scientology were not deductible as charitable contributions because they represented a quid pro quo; i.e., the payor was receiving goods or services in return for the payment. The taxpayer in Hernandez had argued, inter alia, that the disallowance of the auditing payments represented an impermissible failure by the IRS to consistently enforce section 170, relying on various revenue rulings, such as Rev. Rul. 70-47, 1970-1 C.B. 49, pertaining to such things as pew rents, building fund assessments, and periodic dues. See id. at 703. However, the Supreme Court rejected this contention because the record therein did not support it. Petitioners contend that the terms of a closing agreement between the Commissioner and the Church of Scientology are relevant and will show that the Commissioner has agreed to allow charitable contributions for all or a percentage of auditing payments, and that the disallowance of the charitable contribution deductions herein in light of the settlement withPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011