Michael and Marla Sklar - Page 30

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          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...)           





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