- 5 - relieves a church from having to meet the requirements of section 501(c)(3). In fact, it is clear that when the Commissioner determines that an organization is not entitled to an exemption as a church, as is the case for IBT, its contributors must prove the church’s right to an exemption under section 501(c)(3) in order to be entitled to a deduction for their contributions.4 See Riemers v. Commissioner, T.C. Memo. 1981-456; Hall v. Commissioner, T.C. Memo. 1980-576, affd. 676 F.2d 692 (4th Cir. 1982); Brown v. Commissioner, T.C. Memo. 1980-553; sec. 1.508-1(a)(3), (4), Income Tax Regs. Petitioner’s position is based on the assertion that IBT was not required to meet the requirements of sections 170(c)(2) and 501(c)(3), and he did not introduce any evidence at trial to establish that IBT was an organization defined in those sections. Having failed to carry his burden of proving that IBT qualifies as a religious organization under section 170(c)(2), petitioner is not entitled to a charitable contribution deduction for his donations to IBT. Cf. Hall v. Commissioner, supra. 4 Cf. sec. 7428(c), which validates up to $1,000 per contributor where the donee has instituted proceedings under sec. 7428 to contest the revocation of the donee’s status. There is nothing in the record to suggest that this provision has any application in the present case.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011