- 5 - qualified section 501(c)(3) organization exempt from Federal income tax under section 501(a). Discussion A tax exemption is a matter of legislative grace, and an organization seeking an exemption must prove that it “comes squarely within the terms of the law conferring the benefit sought”. Nelson v. Commissioner, 30 T.C. 1151, 1154 (1958); see also Fla. Hosp. Trust v. Commissioner, 103 T.C. 140, 153 (1994), affd. 71 F.3d 808 (11th Cir. 1996). An organization may seek tax-exempt status before it begins operations, but the administrative record must set forth sufficient detail about its prospective operations to provide the basis for the granting of the exemption. Nationalist Movement v. Commissioner, 102 T.C. 558, 572 (1994), affd. 37 F.3d 216 (5th Cir. 1994); La Verdad v. Commissioner, 82 T.C. 215, 219 (1984); World Family Corp. v. Commissioner, 81 T.C. 958 (1983); Church of Boston v. Commissioner, 71 T.C. 102, 105 (1978); Hancock Acad. v. Commissioner, 69 T.C. 488, 492 (1977). Petitioner has, for the most part, provided only generalizations in response to repeated requests by respondent for more detail on prospective activities. As petitioner states in its reply brief: once momentum for our first prize is substantial, we will launch additional prizes to benefit of humankind. The prizes will be chosen only after months and years of extended deliberation and collaboration. We willPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011