- 30 - claim, as charitable contributions, 80 percent of the cost of qualified religious services. Petitioners contend that, because of that closing agreement, the Commissioner is constitutionally required to allow a deduction for tuition paid to schools that provide religious and secular education to the extent that the tuition paid exceeds the value of the secular education. Petitioners contend that the religious education that the Jewish day schools provide in exchange for tuition is jurisprudentially indistinguishable from the auditing and training that the Church of Scientology provides to its members in exchange for a fixed fee. The U.S. Court of Appeals for the Ninth Circuit previously rejected petitioners’ arguments about the Church of Scientology in Sklar v. Commissioner, 282 F.3d at 619-620. Petitioners’ tuition payments were made to schools that in part provide secular educational services, not to exclusively religious organizations. Thus, the analysis in United States v. Am. Bar Endowment, 477 U.S. 105 (1986), controls here. We conclude that the agreement reached between the Internal Revenue Service and the Church of Scientology referred to in the letter sent to petitioners in 1994 from respondent’s Fresno Service Center does not affect the result in this case.16 16 In Sklar v. Commissioner, 282 F.3d 610, 612 n.3 (9th Cir. 2002), affg. T.C. Memo. 2000-118, the U.S. Court of Appeals (continued...)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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