IRS proposes revoking exemption for failure to file a final return

Plain-English summary

The IRS proposed adjusting and revoking an organization’s exemption under IRC § 501(c)(3) after the organization failed to provide a final return needed to terminate its operations. The examination report states that the organization did not meet the reporting requirements under §§ 6001 and 6033. The organization’s position was not known when the letter issued. The report recommends revocation effective January 1 of the redacted year, but states that Form 1120 returns would not be required because the organization was inactive.

Ruling snapshot

• Question: Does the organization remain qualified for exemption after failing to provide a final return and satisfy reporting requirements?
• Outcome: Revocation proposed.
• Key authorities: IRC §§ 501(c)(3), 511, 6001, and 6033; 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
TEGE EO Examinations
55 N Robinson, MC 4900

TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION

Oklahoma City, OK 73102

June 10, 2009

Release Number: 201405019
Release Date: 1/31/2014 Taxpayer Identification Number:
UIL Code: 501.03-00

ORG Form:

ADDRESS

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 an
adjustment of your organization's exempt status is necessary.

If you do not agree with our position you may appeal your case. The enclosed
Publication 3498, The Examination Process, explains 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.

If you request a conference, we will forward your written statement of protest to the
Appeals Office and they will contact you. For your convenience, an envelope is
enclosed.

If you and Appeals do not agree on some or all of the issues after your Appeals
conference, or if you do not request an Appeals conference, you may file suit in United
States Tax Court, the United States Court of Federal Claims, or United States District
Court, after satisfying procedural and jurisdictional requirements as described in
Publication 3498.

Letter 3610 (04-2002)
Catalog Number 34801V

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

If you accept our findings, please sign and return the enclosed Form 6018, Consent to
Proposed Adverse Action. We will then send you a final letter modifying or revoking
exempt status. If we do not hear from you within 30 days from the date of this letter, we
will process your case on the basis of the recommendations shown in the report of
examination and this letter will become final. In that event, you will be required to file
Federal income tax returns for the tax period(s) shown above. File these returns with
the Ogden Service Center within 60 days from the date of this letter, unless a request
for an extension of time is granted. File returns for later tax years with the appropriate
service center indicated in the instructions for those returns.

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:

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.

Letter 3610 (04-2002)
Catalog Number 34801V

Thank you for your cooperation.

Sincerely,

Sunita Lough
Director, EO Examinations

Enclosures:
Publication 892
Publication 3498
Form 6018

Report of Examination
Envelope

Letter 3610 (04-2002)
Catalog Number 34801V

Form 886-A EXPLANATION OF ITEMS Schedule or
Exhibit No.
Name of Taxpayer Year Ended
ORG 20XX12
LEGEND
ORG - Organization name XX - Date
Issue:

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

Facts:
The organization failed to provide the final return to proceed with the Termination of the
organization.

Law:
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 section 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 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 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.

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

Department of the Treasury - Internal Revenue Service Form 886-A

a

Form 886-A EXPLANATION OF ITEMS Schedule or
Exhibit No.
Name of Taxpayer Year Ended
ORG 20XX12

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.

In accordance with the above cited 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 (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.

Organization's Position:
The organization's position is not known at the issuance of the letter.

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. You have not filed Form 990 returns for the year
ending December 31, 20XX. Accordingly, the organization's exempt status is revoked
effective January 1, 20XX.

Form 1120 returns will not be required do to the inactivity of the organization.

Department of the Treasury - Internal Revenue Service Form 886-A