- 15 - Church of Scientology to deduct as charitable contributions “auditing” and “training” payments.6 2. Whether Petitioners’ Tuition Payments Qualify for Deduction Under Section 170 Pursuant to a Dual Payment Analysis a. Introduction To put our consideration of petitioners’ contentions in context, we first consider whether petitioners’ payment of tuition and fees is deductible under a dual payment analysis to the extent the payments exceed the value of the secular education received by their children. See United States v. Am. Bar Endowment, 477 U.S. 105 (1986); Sklar v. Commissioner, supra at 612, 614 n.3, 621. We initially consider that issue without regard to the enactment of sections 170(f)(8) and 6115 in 1993 and the Commissioner’s settlement with the Church of Scientology on October 1, 1993. We then consider the effect (if any) of those developments on our analysis. b. Background In 1967, the Commissioner issued Rev. Rul. 67-246, 1967-2 C.B. 104, in response to: an increasing number of instances * * * in which the public has been erroneously advised in advertisements or solicitations by sponsors that the entire amounts 6 Petitioners contend that sec. 7491(a) requires respondent to bear the burden of proof on all factual issues in the case. We need not decide the point because our findings and analysis in this case do not depend on which party bears the burden of proof.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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