- 26 - section 17012 or that Congress intended to overturn the long line of cases (cited above) holding that no part of tuition paid to religious schools is deductible as a charitable contribution.13 We believe that, if Congress had intended to overturn decades of caselaw disallowing charitable contribution deductions for tuition payments to schools providing a religious and secular education, Congress would have made such an intention clear. It did not. 12 See H. Conf. Rept. 103-213, at 566 (1993), 1993-3 C.B. 393, 444, stating that the sec. 6115 disclosure requirement “does not apply to transactions that have no donative element (e.g., sales of goods by a museum gift shop that are not, in part, donations).” Thus, a charitable organization need not make a sec. 6115 disclosure if the taxpayer did not intend to make a gift. 13 See H. Conf. Rept. 103-213, supra at 566 n.34, 1993-3 C.B. at 444, stating that the exception to the substantiation requirement for an intangible religious benefit “does not apply, for example, to tuition for education leading to a recognized degree, travel services, or consumer goods.” Along the same lines, H. Rept. 103-111, supra at 786 n.170, 1993-3 C.B. at 362, states: The committee intends that, in the case of religious organizations, a quid pro quo contribution (for purposes of the substantiation and disclosure requirements) is limited to an exchange of goods or services that are generally available on a commercial basis, or advertised for an established price (e.g., tuition, travel and entertainment, and consumer goods). No inference is intended, however, whether or not any contribution outside of the scope of the bill’s substantiation or reporting requirements is deductible (in full or in part) under the present-law requirements of section 170.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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