Michael and Marla Sklar - Page 27

                                       - 27 -                                         
               The exception to the substantiation and disclosure                     
          requirements in sections 170(f)(8) and 6115 for intangible                  
          religious benefits does not apply to the educational services at            
          issue here.  The exception applies only where the organization is           
          organized exclusively for religious purposes.  Petitioners                  
          contend that Emek and Yeshiva Rav Isacsohn were organized and               
          existed solely for the religious purpose of allowing Jewish                 
          parents to fulfill their religious obligation to teach their                
          children Torah, which includes providing a secular education in             
          an Orthodox Jewish environment.                                             
               We disagree that Emek and Yeshiva Rav Isacsohn were                    
          organized exclusively for religious purposes.  Emek and Yeshiva             
          Rav Isacsohn were organized and operated to provide both a                  
          secular and a religious education.  The Commissioner granted both           
          schools exemptions from tax under section 501(c)(3), and both               
          schools qualify as charitable organizations described in section            
          170(b)(1)(A)(ii), which pertains to educational organizations.  A           
          substantial part of each day was spent on secular studies.                  
          Petitioners concede that the education their children received in           
          1995 at Emek and Yeshiva Rav Isacsohn met educational                       
          requirements imposed by the State of California.  Both schools              
          were accredited by nonreligious accrediting agencies based in               
          part on their secular educational programs.                                 







Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: May 25, 2011