Determination 200740015: IRS revoked charity status after missing records and returns

Plain-English summary

The IRS revoked an organization's section 501(c)(3) exemption. Its final letter says the organization did not file all required Forms 990 or respond to repeated requests to examine its records and activities. The organization provided no evidence of a substantial charitable program, and the IRS said its apparent seller-funded downpayment assistance program did not meet the cited exemption guidelines. The enclosed examination report describes returned correspondence, an unsuccessful effort to obtain a current address, and a failure to establish compliance with recordkeeping and reporting requirements. The final letter required corporate income tax returns for the stated year and later years and explained the route to seek a court declaration.

Ruling snapshot

• Question: Had the organization shown that it still qualified for section 501(c)(3) exemption?
• Outcome: No; the IRS revoked its exemption effective the redacted date.
• Key authorities: IRC §§ 501(c)(3), 6001, 6033, 7428; Treas. Reg. § 1.501(c)(3)-1(d); Rev. Rul. 2006-27.

Full text (IRS public release)

DEPARTMENT OF THE TREASURY

Internal Revenue Service
TE/GE EO Examinations

1100 Commerce Street
Dallas, TX 75424

TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION

July 20, 2007

Number: 200740015 UIL: 501.03-01
Release Date: 10/5/2007

Legend: Person to Contact:
Identification Number:
Contact Telephone Number:
In Reply Refer to:
EIN: NUM

ORG=Name of Organization

NUM=EIN Number

Date1= Effective Date

Date2= Year-end of Effective Date

ORG

LAST DATE FOR FILING A PETITION
WITH THE TAX COURT:

Dear

This is a Final Adverse Determination as to your exempt status under section 501(c)(3) of the Internal Revenue Code. The Internal Revenue Service ‘s recognition of your organization as an organization described in section 501(c)(3) is hereby revoked effective Date1.

We have made this determination for the following reasons:

You have not demonstrated that you are operated exclusively for charitable, educational, or other exempt purposes within the meaning of I.R.C. section 501(c)(3). You failed to comply with the conditions of your exemption in that you did not file all required forms 990 or respond to repeated reasonable requests to allow the Internal Revenue Service to

examine your books, records and activities. You have provided no information showing that you conduct a real and substantial charitable program. You appear to operate a program of seller — funded downpayment assistance.

As such, you failed to meet the requirements of I.R.C. section 501(c)(3) and Treas. Reg. section 1.501(c)(3)-1(d) in that you failed to establish that you were operated exclusively for an exempt purpose, and you do not appear to fall within the guidelines of exempt downpayment assistance programs as set forth in Rev. Rul. 2006-27, 2006-21 I.R.B. 915.

You are required to file Federal income tax returns on Form 1120. These returns should be filed with the appropriate Service Center for the year ending Date2, and for all years thereafter.

Processing of income tax returns and assessment of any taxes due will not be delayed should a petition for declaratory judgment be filed under section 7428 of the Internal Revenue Code.

If you decide to contest this determination in court, you must initiate a suit for declaratory judgment in the United States Tax Court, the United States Claim Court or the District Court of the United States for the District of Columbia before the 91st day after the date this determination was mailed to you. Contact the clerk of the appropriate court for the rules for initiating suits for declaratory judgment.

You also have the right to contact the office of the Taxpayer Advocate. However, you should first contact the person whose name and telephone number are shown above since this person can access your tax information and can help you get answers. You can call 1-877-777-4778 and ask for Taxpayer Advocate assistance. Or you can contact the Taxpayer Advocate from the site where the tax deficiency was determined by writing to: Internal Revenue Service, Taxpayer Advocates Office, Local Office. Taxpayer Advocate assistance cannot be used as a substitute for established IRS procedures, formal appeals processes, etc. The Taxpayer Advocate is not able to reverse legal or technically correct tax determinations, nor extend the time fixed by law that you have to file a petition in the United States Tax Court. The Taxpayer Advocate can, however, see that a tax matter that may not have been resolved through normal channels gets prompt and proper handling.

We will notify the appropriate State Officials of this action, as required by section 6104(c) of the Internal Revenue Code.

If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter.

Sincerely yours,

Marsha A. Ramirez
Director, EO Examinations

DEPARTMENT OF THE TREASURY
Internal Revenue Service
TE/GE, Room 306

7850 SW 6th Court
TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION
Plantation, FL 33324
DIVISION
December 7, 2006
Taxpayer Identification Number:
ORG
Form:
990

Tax Year(s) Ended:
Person to Contact/ID Number:
Contact Numbers:

Telephone:
Fax:

Certified Mail - Return Receipt Requested.

Dear

We have enclosed a copy of our report of examination explaining why we believe revocation of your exempt status under section 501(c)(3) of the Internal Revenue Code (Code) is necessary.

If you accept our findings, take no further action. We will issue a final revocation letter.

If you do not agree with our proposed revocation, you must submit to us a written request for Appeals Office consideration within 30 days from the date of this letter to protest our decision. Your protest should include a statement of the facts, the applicable law, and arguments in support of your position.

An Appeals officer will review your case. The Appeals office is independent of the Director, EO Examinations. The Appeals Office resolves most disputes informally and promptly. The enclosed Publication 3498, The Examination Process, and Publication 892, Exempt Organizations Appeal Procedures for Unagreed Issues, explain how to appeal an Internal Revenue Service (IRS) decision. Publication 3498 also includes information on your rights as a taxpayer and the IRS collection process.

You may also request that we refer this matter for technical advice as explained in Publication 892. If we issue a determination letter to you based on technical advice, no further administrative appeal is available to you within the IRS regarding the issue that was the subject of the technical advice.

• Letter 3618 (04-2002)
  Catalog Number 34809F

If we do not hear from you within 30 days from the date of this letter, we will process your case based on the recommendations shown in the report of examination. If you do not protest this proposed determination within 30 days from the date of this letter, the IRS will consider it to be a failure to exhaust your available administrative remedies. Section 7428(b)(2) of the Code provides, in part: "A declaratory judgment or decree under this section shall not be issued in any proceeding unless the Tax Court, the Claims Court, or the District Court of the United States for the District of Columbia determines that the organization involved has exhausted its administrative remedies within the Internal Revenue Service." We will then issue a final revocation letter. We will also notify the appropriate state officials of the revocation in accordance with section 6104(c) of the Code.

You have the right to contact the office of the Taxpayer Advocate. Taxpayer Advocate assistance is not a substitute for established IRS procedures, such as the formal appeals process. The Taxpayer Advocate cannot reverse a legally correct tax determination, or extend the time fixed by law that you have to file a petition in a United States court. The Taxpayer Advocate can, however, see that a tax matter that may not have been resolved through normal channels gets prompt and proper handling. You may call toll-free 1-877-777-4778 and ask for Taxpayer Advocate Assistance. If you prefer, you may contact your local Taxpayer Advocate at:

Local Office

If you have any questions, please call the contact person at the telephone number shown in the heading of this letter. If you write, please provide a telephone number and the most convenient time to call if we need to contact you.

Thank you for your cooperation.

Sincerely,

Marsha A. Ramirez
Director, EO Examinations

Enclosures:
Publication 892
Publication 3498
Report of Examination

Letter 3618 (04-2002)
Catalog Number 34809F

Form 886A Department of the Treasury - Internal Revenue Service Schedule No. or

Explanation of Items Exhibit
Name of Taxpayer Year/Period Ended
ORG
LEGEND:

ORG = Name of Organization
ADDRESS = Address of Organization
Date1= Effective Date.

Date2= Date of tax period ending
STATE = Name of State

ISSUE:

Whether exempt organization qualifies for exemption under Section 501(c)(3) of the Internal Revenue Code.

FACTS:

Exempt organization failed to respond to the Internal Revenue Service correspondence for the tax period ending Date1.

On April 21, the Examiner mailed Letter 3606, Form 4564 (Information Document Request), and Publication 1 to address listed on the 990 return filed for year ended Date1 located at “ADDRESS” . The Internal Revenue correspondence was returned to sender as “undeliverable” on July 29.

Obtained an Annual Report filed on September 2, and noted a change to the address and registered agent from the public records. The Exempt Organization’s new principal address is listed at “ADDRESS”. The organization was administratively dissolved on September 16, for failure to file annual reports with the state. Additionally, Examiner was unable to locate the organization as a business incorporated in STATE on STATE’s website.

On October 25, the Examiner attempted to locate a Trustee of the organization in order to verify current address. Examiner was contacted by Trustee on October 26; he confirmed that he is a Trustee for ORG and confirmed his home address as per Accurint. Trustee was supposed to contact Examiner to provide current mailing address for ORG. but never did and never answered telephone calls or return messages.

On November 3, the Examiner subsequently mailed Letter 1477 along with copies of

previously mailed Letter 3606, Form 4564, and Publication 1 to the Trustee. The Internal Revenue correspondence was returned “unclaimed” on December 5.

LAW:

Form 886-A (Rev.4-68) Department of the Treasury - Internal Revenue Service Page: -1-

Form 886A Department of the Treasury - Internal Revenue Service Schedule No. or Explanation of Items Exhibit

Name of Taxpayer Year/Period Ended
ORG

Section 6001 of the Code provides that every person liable for any tax imposed by the Code, or for the collection thereof, shall keep adequate records as the Secretary of the Treasury or his delegate may from time to time prescribe.

Section 6033(a)(1) of the Code provides, except as provided in section 6033(a)(2), every organization exempt from tax under section 501(a) shall file an annual return, stating specifically the items of gross income, receipts and disbursements, and such other information for the purposes of carrying out the internal revenue laws as the Secretary may by forms or regulations prescribe, and keep such records, render under oath such statements, make such other returns, and comply with such rules and regulations as the Secretary may from time to time prescribe.

Section 1.6001-1(a) of the regulations in conjunction with section 1.6001-1(c) provides that every organization exempt from tax under section 501(a) of the Code and subject to the tax imposed by the section 511 on its unrelated business income must keep such permanent books and accounts or records, including inventories, as are sufficient to establish the amount of gross income, deduction, credits, or other matters required to be shown by such person in any return of such tax. Such organization shall also keep such books and records as are required to substantiate the information required by section 6033.

Section 1.6001-1(e) of the regulations states that the books or records required by this section shall be kept at all time available for inspection by authorized internal revenue officers or employees, and shall be retained as long as the contents thereof may be material in the administration of any internal revenue law.

Section 1.6033-1(h)(2) of the regulations provides that every organization which has established its right to exemption from tax, whether or not it is required to file an annual return of information, shall submit such additional information as may be required by the district director for the purpose of enabling him to inquire further into its exempt status and to administer the provisions of subchapter F (section 501 and the following), chapter 1 of the Code and section 6033.

Rev. Rul. 59-95, 1959-1 C.B. 627, concerns an exempt organization that was requested to produce a financial statement and statement of its operations for a certain year. However, its records were so incomplete that the organization was unable to furnish such statements. The Service held that the failure or inability to file the required information return or otherwise to comply with the provisions of section 6033 of the Code and the regulations which implement it, may result in the termination of the exempt status of an organization previously held exempt, on the grounds that the organization has not established that it is observing the conditions required for the continuation of exempt status.

Form 886-A (Rev.4-68) Department of the Treasury - Internal Revenue Service Page: -2-

Form 886A Department of the Treasury - Internal Revenue Service Schedule No. or Explanation of Items Exhibit

Name of Taxpayer Year/Period Ended
ORG

In accordance with the above cite provisions of the Code and regulations under sections 6001 and 6033, organizations recognized as exempt from federal income tax must meet certain reporting requirements. These requirements relate to the filing of a complete and accurate annual information (an other required federal tax forms) and the retention of records sufficient to determine whether such entity is operated for the purposes for which it was granted tax-exempt status and to determine its liability for any unrelated business income tax.

CONCLUSION:

It is the IRS’s position that the organization failed to meet: the reporting requirements under sections 6001 and 6033 to be recognized as exempt from federal income tax under 501(c)(3) of the Internal Revenue Code. Accordingly, the organization exempt status is revoked effective Date1.

Form 886-A (Rev.4-68) Department of the Treasury - Internal Revenue Service Page: -3-