IRS revokes a dormant fraternity’s social-club exemption because all receipts were investment income

Plain-English summary

The IRS revoked the Section 501(c)(7) exemption of a fraternity that had stopped conducting social activities after selling its house. During the two examined tax years, all of the organization’s receipts came from investment income rather than members, although it reported that income on Form 990-T as unrelated business taxable income. Public Law 94-568 permits a social club to receive no more than 35 percent of its gross receipts from outside its membership. Because the organization received 100 percent of its gross receipts from an outside source, the IRS concluded that it no longer qualified as a tax-exempt social club. The proposed revocation applied to both examined tax years.

Ruling snapshot

• Question: Could a dormant fraternity remain exempt under Section 501(c)(7) when all of its gross receipts came from investment income?
• Outcome: Revocation of exempt status
• Key authorities: IRC §§ 170, 501(c)(7), and 7428; Public Law 94-568

Full text (IRS public release)

DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
1100 Commerce Street, MC 4920DAL
Dallas, TX 75242

TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION

Date: August 6, 2020
Taxpayer ID Number:
Number: 202052027 Form:

Release Date: 12/24/2020
For Tax Period(s) Ending:

UIL: 501.07-00
Person to Contact:

Identification Number:
Telephone Number:

Fax Number:

CERTIFIED MAIL — Return Receipt Requested
LAST DAY FOR FILING A PETITION WITH THE TAX COURT:

Dear

This is a final determination that you do not qualify for exemption from federal income tax under
Internal Revenue Code (IRC) Section 501(a) as an organization described in IRC Section
501(c)(7) for the tax period(s) above. Your determination letter dated May 19XX is revoked.

Our adverse determination as to your exempt status was made for the following reasons:

During the tax years in question, you did not qualify for exemption as a social club
described in IRC section 501(c)(7) because you exceeded the 35% limitation for gross
receipts from sources outside your membership; You received all of your gross
receipts from investment income.

Organizations that are not exempt under IRC Section 501 generally are required to file federal
income tax returns and pay tax, where applicable. For further instructions, forms, and
information please visit www.irs.gov.

If you decide to contest this determination, you may file an action for declaratory judgment under
the provisions of IRC Section 7428 in one of the following three venues: 1) United States Tax
Court, 2) the United States Court of Federal Claims, or 3) the United States District Court for the

District of Columbia. A petition or complaint in one of these three courts must be filed within
90 days from the date this determination was mailed to you. Please contact the clerk of the
appropriate court for rules and the appropriate forms for filing petitions for declaratory
judgment by referring to the enclosed Publication 892. You may write to the courts at the
following addresses:

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

U.S. Court of Federal Claims
717 Madison Place, NW
Washington, DC 20439

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

Processing of income tax returns and assessments of any taxes due will not be delayed if
you file a petition for declaratory judgment under IRC Section 7428.

You may be eligible for help from the Taxpayer Advocate Service (TAS). TAS is an
independent organization within the IRS that can help protect your taxpayer rights. TAS 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 TAS assistance, which is always free,
TAS will do everything possible to help you. Visit www.taxpayeradvocate.irs.gov or call
1-877-777- 4778.

Taxpayer Advocate assistance can’t be used as substitute for established IRS procedures,
formal appeals processes, etc. The Taxpayer Advocate is not able to reverse legal or
technically correct tax determination, nor extend the time fixed by law that you have to file a
petition in 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 can get any of the forms or publications mentioned in this letter by calling 800-TAX-
FORM (800-829-3676) or visiting our website at www.irs.gov/forms-pubs.

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

Sincerely,

Sean E. O'Reilly
Director, EO Examinations

Enclosures:
Publication 892

Department of the Treasury
Internal Revenue Service
Tax Exempt and Government Entities

Date: 03/18/2020
Taxpayer ID number:
Form:
Tax periods ended:

Person to contact:
Name:
ID number:
Telephone:
Fax:
Address:

ATTN:

Manager’s contact information:
Name:
ID number:

Telephone:
Response due date:

CERTIFIED MAIL — Return Receipt Requested
Dear

Why you’re receiving this letter
We enclosed a copy of our audit report, Form 886-A, Explanation of Items, explaining that we
propose to revoke your tax-exempt status as an organization described in Internal Revenue Code

(IRC) Section 501(c)(7).

If you agree

If you haven’t already, please sign the enclosed Form 6018, Consent to Proposed Action, and
return it to the contact person shown at the top of this letter. We'll issue a final adverse letter
determining that you aren't an organization described in IRC Section 501(c)(7) for the periods

above.

After we issue the final adverse determination letter, we’ll announce that your organization is no
longer eligible to receive tax deductible contributions under IRC Section 170.

If you disagree

1. Request a meeting or telephone conference with the manager shown at the top of this
   letter.

2. Send any information you want us to consider.

3. File a protest with the IRS Appeals Office. If you request a meeting with the manager or
   send additional information as stated in 1 and 2, above, you’ll still be able to file a protest
   with IRS Appeals Office after the meeting or after we consider the information.

Letter 3618 (Rev. 8-2019)
Catalog Number 34809F

The IRS Appeals Office is independent of the Exempt Organizations division and
resolves most disputes informally. If you file a protest, the auditing agent may ask you to
sign a consent to extend the period of limitations for assessing tax. This is to allow the
IRS Appeals Office enough time to consider your case. For your protest to be valid, it
must contain certain specific information, including a statement of the facts, applicable
law, and arguments in support of your position. For specific information needed for a
valid protest, refer to Publication 892, How to Appeal an IRS Determination on Tax-
Exempt Status.

Fast Track Mediation (FTM) referred to in Publication 3498, The Examination Process,
generally doesn’t apply now that we’ve issued this letter.

4. Request technical advice from the Office of Associate Chief Counsel (Tax Exempt
   Government Entities) if you feel the issue hasn’t been addressed in published precedent
   or has been treated inconsistently by the IRS.

If you’re considering requesting technical advice, contact the person shown at the top of
this letter. If you disagree with the technical advice decision, you will be able to appeal to
the IRS Appeals Office, as explained above. A decision made in a technical advice
memorandum, however, generally is final and binding on Appeals.

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 adverse determination letter.

Contacting the Taxpayer Advocate Office is a taxpayer right

The Taxpayer Advocate Service (TAS) is an independent organization within the IRS that can
help protect your taxpayer rights. TAS 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 TAS assistance, which is always free, TAS will do everything possible to help you.
Visit www.taxpayeradvocate.irs.gov or call 877-777-4778.

For additional information
You can get any of the forms and publications mentioned in this letter by visiting our website at
www.irs.gov/forms-pubs or by calling 800-TAX-FORM (800-829-3676).

2 Letter 3618 (Rev. 8-2019)
Catalog Number 34809F

If you have questions, you can contact the person shown at the top of this letter.

Sincerely,

Jerry Morrow, for
Maria Hooke
Director, Exempt Organizations
Examinations
Enclosures:
Form 886-A
Form 6018
3 Letter 3618 (Rev. 8-2019)

Catalog Number 34809F

Form 886A Department of the Treasury - Internal Revenue Service
Explanation of Items
Name of Taxpayer Year/Period Ended
06/30/20XX
06/30/20XX
ISSUE
Whether (“ ”) continues to qualify for
exemption under Internal Revenue Code (“IRC”) section 501(c)(7)?
FACTS

is exempt as an organization described in IRC section 501(c)(7) as a social club.
was granted exemption to operate a fraternity at

has not conducted any social fraternity activities since the sale of its house in 20XX. Due to
this inactivity, only source of revenue in tax years 06/30/20XX and 06/30/20XX was
investment income. reported all of its investment income on Form 990-T as income
subject to unrelated business income tax (“UBIT”).

LAW

IRC section 501(c)(7) exempts from federal income tax clubs organized for pleasure, recreation,
and other non-profitable purposes.

Prior to its amendment in 1976, IRC section 501(c)(7) required that social clubs be operated
exclusively for pleasure, recreation and other nonprofitable purposes. Public Law 94-568
amended the “exclusive” provision to read “substantially” in order to allow an IRC section
501(c)(7) organization to receive up to 35% of its gross receipts, including investment income,
from sources outside its membership without losing its tax exempt status.

GOVERNMENT POSITION

During the tax years in question, did not qualify for exemption as a social club described in
IRC section 501(c)(7) because it exceeded the 35% limitation for gross receipts from sources
outside its membership; received all of its gross receipts from investment income.

CONCLUSION

did not meet the requirements for exemption under IRC section 501(c)(7) because it
received all of its gross receipts from sources outside its membership (investment income).
Public Law 94-568 provides that social clubs may receive no more than 35% of their gross
receipts from sources outside their membership.

Consequently, we are proposing that your exempt status under IRC section 501(c)(7) be revoked
for tax years ended 06/30/20XX and 06/30/20XX.

If you agree, please sign Form 6018 and return it to my office.

If you disagree, please prepare a formal protest letter per the instructions provided in
Publications 892 and 3498.

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