Organization loses exemption after ignoring audit requests and failing to substantiate its operations

Plain-English summary

An organization recognized under section 501(c)(3) was selected for examination of its activities and Form 990 reporting. The IRS sent several examination letters, including certified mail received by the organization's president, and repeatedly called its president, vice president, and secretary. The organization did not respond or supply the records and information needed to verify that it remained organized and operated exclusively for exempt purposes. The IRS concluded that this failure violated the recordkeeping and reporting requirements of sections 6001 and 6033 and prevented the organization from establishing continued qualification under section 501(c)(3). It revoked the exemption and required Form 1120 returns for later periods. The final letter and examination report contain different partially redacted effective-date references.

Ruling snapshot

• Question: Does an organization retain section 501(c)(3) status when it ignores repeated examination requests and does not provide records needed to verify its exempt operations?
• Outcome: revocation
• Key authorities: IRC §§ 501(c)(3), 6001, and 6033; Treas. Reg. §§ 1.501(c)(3)-1, 1.6001-1, and 1.6033-1; Rev. Rul. 59-95

Full text (IRS public release)

Scanned document; transcription proofread from IRS OCR against all nine page images. Obvious OCR misreads were corrected, blank redactions were preserved, and wording is otherwise verbatim.

DEPARTMENT OF THE TREASURY
Internal Revenue Service
TE/GE EO Examinations
1100 Commerce Street MIC 4920 DAL
Dallas, TX 75242 ,

TAX EXEMPT AND
GOVERNMENT ENTITIES Date: AUG 30 2017
DIVISION
Release Number: 201804010 Identification Number:
Release Date: 1/26/2018 Telephone Number:
UIL Code: 501.03-00 In Reply Refer to:

LAST DATE FOR FILING A PETITION
WITH THE TAX COURT:

CERTIFIED MAIL —- Return Receipt Requested

Dear

This is a final adverse determination regarding your exempt status under section 501(c)(3) of
the Internal Revenue Code (IRC). Recognition of your exemption under IRC section
501(c)(3) is revoked effective March 21, 20xx.

Our adverse determination was made for the following reasons:

You have failed to produce documents to establish that you are operated
exclusively for exempt purposes within the meaning of Internal Revenue Code
(IRC) section 501(c)(3), and that no part of your net earnings inure to the
benefit of private shareholders or individuals. You failed to respond to
repeated reasonable requests to allow the Internal Revenue Service to examine
your records regarding your receipts, expenditures, or activities and have
failed to file information returns as required by IRC sections 6001 and
6033(a)(1) and Rev. Rul. 59-95, 1959-1 C.B. 627.

Contributions to your organization are no longer deductible under section 170 of the Code.

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 December 31, 20xx 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 may write to the courts at the following
addresses:

United States Tax Court
400 Second Street, NW
Washington, DC 20217

US Court of Federal Claims
717 Madison Place, NW
Washington, DC 20005

U. S. District Court for the District of Columbia
333 Constitution Ave., N.W.
Washington, DC 20001

The Taxpayer Advocate Service (TAS) is an independent organization within the IRS that
can help protect your taxpayer rights. We can offer you help if your tax problem is causing a
hardship, or you've tried but haven't been able to resolve your problem with the IRS. If you
qualify for our assistance, which is always free, we will do everything possible to help you.
Visit taxpayeradvocate.irs.gov or call 1-877-777-4778.

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,

Maria Hooke
Director, Exempt Organizations Examinations
Enclosures:
Publication 892

Date:

Department of the Treasury
Internal Revenue Service
Date: March 1, 2017
Taxpayer Identification Number:
IRS Tax Exempt and Government Entities Division y
Exempt Organizations Examinations Form:

Tax year(s) ended:

Person to contact/ ID number:

Contact numbers:

Toll Free

Long Distance

Fax

Manager's name/ ID number:

Manager's contact number:

Response due date:

Certified Mail - Return Receipt Requested

Dear

Why you are receiving this letter
We propose to revoke your status as an organization described in section 501(c)(3) of the Internal
Revenue Code (Code). Enclosed is our report of examination explaining the proposed action.

What you need to do if you agree
If you agree with our proposal, please sign the enclosed Form 6018, Consent to Proposed Action —

Section 7428, and return it to the contact person at the address listed above (unless you have already
provided us a signed Form 6018). We'll issue a final revocation letter determining that you aren't an

organization described in section 501(c)(3).

After we issue the final revocation letter, we'll announce that your organization is no longer eligible for
contributions deductible under section 170 of the Code.

If we don't hear from you
If you don't respond to this proposal within 30 calendar days from the date of this letter, we'll issue a

final revocation letter. Failing to respond to this proposal will adversely impact your legal standing to
seek a declaratory judgment because you failed to exhaust your administrative remedies.

Effect of revocation status
If you receive a final revocation letter, you'll be required to file federal income tax returns for the tax

year(s) shown above as well as for subsequent tax years.

What you need to do if you disagree with the proposed revocation

If you disagree with our proposed revocation, you may request a meeting or telephone conference
with the supervisor of the IRS contact identified in the heading of this letter. You may also file a
protest with the IRS Appeals office by submitting a written request to the contact person at the
address listed above within 30 calendar days from the date of this letter. The Appeals office is
independent of the Exempt Organizations division and resolves most disputes informally.

Letter 3618 (06-2012)
Catalog Number 34809F


For your protest to be valid, it must contain certain specific information including a statement of the
facts, the applicable law, and arguments in support of your position. For specific information needed
for a valid protest, please refer to page one of the enclosed Publication 892, How to Appeal an IRS
Decision on Tax-Exempt Status, and page six of the enclosed Publication 3498, The Examination
Process. Publication 3498 also includes information on your rights as a taxpayer and the IRS
collection process. Please note that Fast Track Mediation referred to in Publication 3498 generally
doesn't apply after we issue this letter.

You also may request that we refer this matter for technical advice as explained in Publication 892.
Please contact the individual identified on the first page of this letter if you are considering requesting
technical advice. If we issue a determination letter to you based on a technical advice memorandum
issued by the Exempt Organizations Rulings and Agreements office, no further IRS administrative
appeal will be available to you.

Contacting the Taxpayer Advocate Office is a taxpayer right

You have the right to contact the office of the Taxpayer Advocate. Their assistance isn't a substitute
for established IRS procedures, such as the formal appeals process. The Taxpayer Advocate can't
reverse a legally correct tax determination or extend the time you have (fixed by law) to file a petition
in a United States court. They can, however, see that a tax matter that hasn't 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:

Internal Revenue Service
Office of the Taxpayer Advocate

For additional information
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,

Mary A. Epps

Acting Director, Exempt Organizations Examinations
Enclosures:
Report of Examination
Form 6018

Publication 892

Publication 3498

Form 886-A

State of Information

Letter 3618 (06-2012)
Catalog Number 34809F

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

Year/Period Ended
December 31, 20xx

Name of Taxpayer

Date of Notice: August 3, 2016

Issues:

Whether the organization continues to qualify for exemption from Federal income tax
under Section 501(c)(3) of the Internal Revenue Code.

Facts:

applied for tax-exempt status by
filing the Form 1023 on April 11, 20xx, and was granted tax-exempt status as a
501(c)(3) on July 29, 20xx, with an effective date of March 21, 20xx.

An organization exempt under 501(c)(3) needs to be organized and operated exclusively
for religious, charitable, scientific, testing for public safety, literary or educational purposes
and to foster national and amatuer sports competition.

was selected for audit to ensure that the activities and operations align with their
approved exempt status.

failed to respond to the Internal Revenue Service attempts to obtain information
to perform an audit of Form 990 for the tax year December 31, 20xx.

filed a Form 990 series return for the tax year ending December 31, 20xx.

The Form 1023 application list the phone number of xxx-xxx-xxxx for the president of

Per the State of web-site, lists the organization as not in good
standing, copy attached from state web-site.

• Correspondence for the audit was as follows:

○ Letter 3606 (Rev. 6-2012) with attachments, was mailed to the organization
on May 22, 20xx, with a response date of June 15, 20xx. This letter was not
returned by the post office as being undeliverable.

○ Letter 3606 (Rev. 6-2012) with attachments, was mailed to the organization
on March 4, 20xx, with a response due date of April 4, 20xx by a new Tax
Compliance Officer who received case from a Revenue Agent. This letter
was also not returned by post office as being undeliverable.

○ Letter 3844-A (12-2015) with attachments, was mailed certified to the
organization/President on May 24, 20xx, with a response date of June 8,

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

Page: -1-

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

Name of Taxpayer

Year/Period Ended
December 31, 20xx

20xx, Article Number xxxxxxxxxxxxXxxxxxxxx. Per the United States Postal
Service (USPS) tracking, the letter to the President was received and signed
by him on May 28, 20xx.

Letter 3844-A (12-2015) with attachments, was mailed certified to the
organization/Vice President on May 24, 20xx, with a response date of June 8,
20xx, Article Number xxxxxxxxxxxxXxXxxxxxxx. Per the United States Postal
Service (USPS) tracking, the letter to the Vice President was returned on
June 6, 20xx at 2:07 pm as unclaimed/max hold time expired. This letter was
received back at the Internal Revenue Service on June 20, 20xx.

Telephone contact for the audit was as follows:

○ May 2, 20xx, called the phone number listed on the Form 1023 application

for the President of xxx-xxx-xxxx and received VMS saying cellular caller is
busy and then went back to ringing again and could not leave a message. |
located a phone number for the Vice President (xxx-xxx-xxxx) and left a
message for an officer of the organization to return my phone call.

May 11, 20xx, With no response I called the phone number of the Vice
President again and left a urgent message to call us back.

May 23, 20xx, called the phone number listed on the Form 1023 application
for the President of xxx-xxx-xxxx and received the same message as before
being unable to leave a voice message. ! did call the Vice Presidents number
and was able to leave another voice message to return my phone call.

June 15, 20xx, located phone number for the secretary of the organization.

No answer but left a voice message with the organization to call me back as
soon as possible. Number located was xxx-Xxx-xxxx. I never received a call

back.

Law:

Internal Revenue Code (IRC) §501(c)(3) of the Code provides that an organization
organized and operated exclusively for charitable or educational purposes is exempt from
Federal income tax, provided no part of its net earnings inures to the benefit of any private
shareholder or individual.

IRC §511 of the Internal Revenue Code imposes a tax at corporate rates under section 11
on the unrelated business taxable income of certain tax-exempt organizations.

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

Page: -2-

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

Name of Taxpayer Year/Period Ended
December 31, 20xx

IRC §6001 of the Code provides that every person liable for any tax imposed by this title,
or for the collection thereof, shall keep such records, render such statements, make such
returns, and comply with such rules and regulations as the Secretary may from time to
time prescribe. Whenever in the judgment of the Secretary it is necessary, he may require
any person, by notice served upon such person or by regulations, to make such returns,
render such statements, or keep such records, as the Secretary deems sufficient to show
whether or not such person is liable for tax under this title.

IRC §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.

Treasury Regulations (Regulation) 1.501(c)(3)-1 In order to be exempt under
§501(c)(3) the organization must be both organized and operated exclusively for one or
more of the purposes specified in the section. (religious, charitable, scientific, testing for
public safety, literary or educational).

Regulation §1.501(c)(3)-1(a)(1) of the regulations states that in order to be exempt as an
organization described in section 501(c)(3), an organization must be both organized and
operated exclusively for one or more of the purposes specified in such section. If an
organization fails to meet either the organizational test or the operational test, it is not
exempt.

Regulation 1.501(c)(3)-1(c)(1) of the regulations provides that an organization will not be
regarded as "operated exclusively" for one or more exempt purposes described in section
501(c)(3) of the Code if more than an insubstantial part of its activities is not in furtherance
of a 501(c)(3) purpose. Accordingly, the organization does not qualify for exemption under
section 501(c)(3) of the Code.

Regulation §1.6001-1(c) of the Code provides that such permanent books and records as
are required by paragraph (a) of this section with respect to the tax imposed by section
511 on unrelated business income of certain exempt organizations, every organization
exempt from tax under section 501(a) shall keep such permanent books of account or
records, including inventories, as are sufficient to show specifically the items of gross
income, receipts and disbursements. Such organizations shall also keep such books and
records as are required to substantiate the information required by section 6033. See
section 6033 and §§ 1.6033-1 through 1.6033-3.

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

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

Name of Taxpayer Year/Period Ended
December 31, 20xx

Regulation §1.6001-1(e) of the Code provides 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.

Regulation §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.

Regulation §1.61-1 of the regulations provides that Gross income means all income from
whatever source derived, unless excluded by law. Gross income includes income realized
in any form, whether in money, property, or services. Income may be realized, therefore, in
the form of services, meals, accommodations, stock, or other property, as well as in cash.

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.

Organizations Position
The organization has failed to respond to all attempts to contact them
Governments Position

Based on the above facts, the organization did not respond to verify that they are
organized and operated exclusively for one or more of the purposes specified in IRC
Section 501(c)(3). If an organization fails to meet either the organizational test or the
operational test, it is not exempt.

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

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

Page: -4-

.

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

Name of Taxpayer Year/Period Ended
December 31, 20xx

purposes for which it was granted tax-exempt status and to determine its liability for any
unrelated business income tax.

Section 1.6033-1(h)(2) of the regulations specifically state that exempt organizations
shall submit additional information for the purpose on enabling the Internal Revenue
Service to inquire further into its exempt status.

Using the rationale that was developed in Revenue Ruling 59-95, the Organization's
failure to provide requested information should result in the termination of exempt
status.

Conclusion:

Based on the foregoing reasons, the organization does not qualify for exemption under
section 501(c)(3) and its tax exempt status should be revoked.

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's exempt
status is revoked effective January 1, 20xx.

Form 1120 returns should be filed for the tax periods after January 1, 20xx.

Form 886-A (Rev. 4-68) Department of the Treasury - Internal Revenue Service
Page: -5-