Families Against Government Slavery - Page 5

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          status under section 501(c)(3).  Respondent concluded that                  
          petitioner sought to present to the public only unsupported                 
          opinions of Mr. Matthews.                                                   
               On December 19, 2005, petitioner filed with the Court a                
          petition requesting section 7428 declaratory relief as to                   
          petitioner’s tax-exempt status under section 501(c)(3).                     

                                     Discussion                                       
               In reviewing under section 7428 respondent’s denial of an              
          organization’s application for initial qualification for section            
          501(c)(3) tax-exempt status, we ordinarily review only the                  
          administrative record.  Rule 217(a); Natl. Association of Am.               
          Churches v. Commissioner, 82 T.C. 18, 19-20 (1984).                         
               To qualify for Federal income tax-exempt status under                  
          section 501(c)(3) as an educational organization, an organization           
          must, among other things, operate exclusively for educational               
          purposes (operational test).  Sec. 1.501(c)(3)-1(a), Income Tax             
          Regs.                                                                       
               To meet the operational test, an organization must further             
          educational purposes and not further substantial nonexempt                  
          purposes.  Nationalist Movement v. Commissioner, 102 T.C. 558,              
          576 (1994), affd. 37 F.3d 216 (5th Cir. 1994); sec. 1.501(c)(3)-            
          1(c)(1), Income Tax Regs.                                                   
               Educational purposes include activities that instruct or               
          train individuals to improve or develop their capabilities and              





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