Michael and Marla Sklar - Page 6




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          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 with              





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