- 6 - unrelated individuals selected from the community which SNI serves. According to the IRS, this request for modification was made to ensure that SNI would serve the interests of the public, rather than the interests of a particular individual. Valfer refused the IRS request, stating that he does not trust any Board of Directors that might vote him out of the Salvation Navy, Inc. On June 16, 2000, the IRS issued an initial adverse determination letter to SNI. SNI appealed to the IRS Office of Appeals, which issued to SNI a final adverse determination on April 4, 2001, denying tax-exempt status to SNI under section 501(c)(3). Discussion Petitioner SNI bears the burden of proving that it is a section 501(c)(3) organization. See Rule 217(c)(2)(A). In order to meet this burden, SNI must show that the administrative record contains sufficient evidence to overcome the grounds stated in the notice of final adverse determination. See Nationalist Movement v. Commissioner, 102 T.C. 558, 572 (1994), affd. 37 F.3d 216 (5th Cir. 1994); At Cost Servs., Inc. v. Commissioner, T.C. Memo. 2000-329. The following reason was given in the Notice: Your organization is not organized or operated exclusively for charitable purposes. Additionally, part of the net earnings of your organization inure to the benefit of a private individual. Section 501(a) provides tax-exempt status for organizations described in section 501(c). Section 501(c)(3) includes “Corporations, and any community chest, fund, or foundation,Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011