Determination 201127016: IRS revokes an organization's tax-exempt status

Plain-English summary

The IRS revoked an organization's exemption under IRC § 501(c)(3), effective on the date stated in the final determination. The organization failed to establish that it continued to operate for exempt purposes and did not provide records requested by the IRS. Its related public charity lost its public-support status, and the organization did not show a continuing supporting relationship with a qualifying public charity. The organization also failed to file required information returns. The IRS concluded that the organization no longer qualified for exemption, contributions were no longer deductible under IRC § 170, and the organization had to file Form 1120.

Ruling snapshot

• Question: Did the organization continue to qualify for exemption under IRC § 501(c)(3) and § 509(a)(3)?
• Outcome: revocation
• Key authorities: IRC §§ 170, 501(a), 501(c)(3), 509(a)(3), 6001, 6033, 6104(c), 6110(k)(3), and 7428; Treas. Reg. §§ 1.6001-1 and 1.6033-1; Rev. Rul. 59-95

Full text (IRS public release)

DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE 501.03-00
TEGE EO Examinations Mail Stop 4920 DAL
1100 Commerce St.
Dallas, Texas 75242

TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION

Date: April 15, 2011

Release Number: 201127016
Release Date: 7/8/2011

LEGEND Taxpayer Identification Number:

ORG - Organization name Person to Contact: ;

XX — Date Address - address Employee Identification Number: Employee Telephone Number: (Phone)

ORG (Fax)

ADDRESS

CERTIFIED MAIL —- RETURN RECEIPT
Dear

This is a final adverse determination regarding your exempt status under section 501(c)(3) of the Internal Revenue Code. Our favorable determination letter to you dated November 20XX is hereby revoked and you are no longer exempt under section 501(a) of the Code effective January 1, 20XX.

The revocation of your exempt status was made for the following reason(s):

You have failed to establish that you are operated exclusively for exempt purposes and that no part of your net earnings inures to the benefit of private shareholders or individuals. You have failed to respond to repeated reasonable requests to allow the Internal Revenue Service to examine your records regarding your receipts, expenditures, or activities as required by sections 6001 and 6033(a)(1) of the Code.

Contributions to your organization are no longer deductible under IRC §170 after January 1, 20XX.

You are required to file income tax returns on Form 1120. These returns should be filed with the appropriate Service Center for the tax year ending December 31, 20XX, and for all tax years thereafter in accordance with the instructions of the return.

Processing of income tax returns and assessments 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 under the declaratory judgment provisions of section 7428 of the Code, a petition to the United States Tax Court, the United States Court of Federal Claims, or the district court of the United States for the District of Columbia must be filed before

the 91st Day after the date this determination was mailed to you. Please contact the clerk of the appropriate court for rules regarding filing petitions for declaratory judgments by referring to the enclosed Publication 892. You may write to the United States Tax Court at the following address:

You also 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:

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

Sincerely,

Nanette M. Downing
Director, EO Examinations

Enclosures:
Publication 892

DEPARTMENT OF THE TREASURY
Internal Revenue Service
7850 SW 6th Court, Plantation, FL 33324

TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION

April 15, 2001

Taxpayer Identification Number:

ORG
ADDRESS Form:

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:

lf 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,

Paul David

EO Revenue Agent
Enclosures:
Publications 3498 & 892
Form 886a -

Report of Examination

Letter 3618 (04-2002)
Catalog Number 34809F

Form 886-A Department of the Treasury - Internal Revenue Service Schedule No. or Explanation of Items Exhibit 990 Name of Taxpayer Years Beginning ORG 01/01/20XX EIN EIN LEGEND ORG - Organization name XX - Date President - president CO-1 & CO-2
= 1st & 2nd COMPANIES
Issues

1. Whether ORG qualifies for exemption under Internal Revenue Code § 501(c)(3)?

Facts

ORG (hereafter referred to as “the Trust”) was granted tax exempt status under section 501(c)(3) and 509 as a supporting organization based on its application for exemption. Its purpose was to provide funding to CO-1 (Hereafter referred to as CO-1), which then had public charity status, to support lupus research at CO-2. It projected that it would provide $ per year to CO-1 which would fully fund the research.

The related charity, CO-1, failed to furnish records to show that it was publicly supported and was consequently converted to a Private Foundation upon the end of its advanced ruling period in December 20XX.

An attachment to Part IV of the Trust’s application for exemption disclosed that the Trust is the owner and beneficiary of a life insurance policy on President with a death benefit of $ guaranteed returns and usefulness to the Trust as an asset to borrow against or to sell. No responses were received to the auditor's information document requests regarding the actual terms of this policy.

The Trust has not filed its Form 990 since 20XX.

Exhibit A provides copies of the Internal Revenue Service correspondence requesting that Exempt Organization file the Form 990 for the tax periods ending December 31st, 20XX through December 31st", 20XX. Exempt Organization failed to respond to the Internal Revenue Service correspondence or file the Forms 990 for the tax periods requested.

Activity Description

There is no evidence of the existence and extent of supporting activities provided by the Trust. The supported organization, CO-1, lost its publicly supported charity status. No evidence of relationship with any subsequent public charity has been furnished.

Law

Form 886-A (Rev. 4-68) Department of the Treasury - Internal Revenue Service Page 1 of 3

Form 886-A Department of the Treasury - Internal Revenue Service Schedule No. or Explanation of Items Exhibit 990 Name of Taxpayer Years Beginning ORG 01/01/20XX EIN EIN

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

IRC § 6033(a)(1) provides, except as provided in IRC § 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.

Treas. Reg. § 1.6001-1(a) in conjunction with Treas. Reg. § 1.6001-1(c) provides that every organization exempt from tax under IRC § 501(a) and subject to the tax imposed by IRC § 511 on its unrelated business income must keep such permanent books or 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 IRC § 6033.

Treas. Reg. § 1.6001-1(e) states that the books or records required by this section shall be kept at all times 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.

Treas. Reg. § 1.6033-1(h)(2) 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 IRC § 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 IRC § 6033 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 of 3

Form 886-A Department of the Treasury - Internal Revenue Service Schedule No. or Explanation of Items Exhibit 990 Name of Taxpayer Years Beginning ORG 01/01/20XX EIN EIN

In accordance with the above cited provisions of the Code and regulations under

IRC §§ 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 (and 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.

Taxpayer Position

The organization believes that it is entitled to exemption under section 501(c)(3) and 509(a)(3) because has or will support some charity.

Government Position

Based on the absence of documentation furnished by the exempt organization to establish presence of supporting relationship to a bonafide public charity and absence of non- charitable or jeopardizing activities, the Trust does not qualify for exemption under
§ 501(c)(3).

The life insurance arrangement has not been shown to serve a legitimate purpose or provide any economic substance. However, it is providing the marketer a benefit from selling a larger than average policy and creating a current deduction to an individual without showing the Trust has any controls or has current exempt function.

Conclusion

It is the IRS's position that the organization failed to meet the reporting requirements under IRC §§ 6001 and 6033 to be recognized as exempt from federal income tax under IRC § 501(c)(3) and has not provided evidence that it continues to qualify for exemption. Accordingly, the organization's exempt status is revoked effective January 1°, 20XX.

Form 1120 returns should be filed for the tax periods ending on and after December 31st, 20XX.

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