Legal Opinion

Graham v. Commissioner

United States Tax Court

Decided October 15, 1984No. Docket Nos. 5837-76, 9384-79, 374-80PublishedCited by 27 opinions

Held: The payments made by petitioners to the various churches of Scientology were not charitable contributions within the meaning of sec. 170(c), I.R.C. 1954. The remittances were made with the expectation of receiving a benefit, and such benefit was received. Thus, the transfers were in reality a quid pro quo. Held, further, denial of the claimed deductions did not violate any of petitioners' constitutional rights.

1Opinion of the Court

Sterrett, Judge:

In these consolidated cases, respondent determined deficiencies in petitioners’ Federal income taxes as follows:

Docket TYE Date of No. Petitioner Dec. 31— Deficiency deficiency notice

5837-76 Katherine Jean Graham2 1972 $316.24 Apr. 7, 1976

Docket No. Petitioner TYE Date of Dec. 31— Deficiency deficiency notice

9384-79 Richard M. Hermann 1975 $803.00 Apr. 4, 1979

374-80 David Forbes Maynard 1977 643.00 Nov. 14, 1979

The issues before the Court are: (1) Whether payments made by petitioners to the various churches of Scientology3 were deductible charitable contributions, and (2)…

2Cases cited15 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. McGowan v. MarylandSupreme Court of the United States · 1961
  3. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  4. Prince v. MassachusettsSupreme Court of the United States · 1944
  5. Reynolds v. United StatesSupreme Court of the United States · 1879

10 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Hernandez v. CommissionerSupreme Court of the United States · 1989
  2. Elrod v. CommissionerUnited States Tax Court · 1986
  3. Graham v. CommissionerCourt of Appeals for the Ninth Circuit · 1987
  4. Robert L. Hernandez v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1987
  5. Arlen v. Comm'rUnited States Tax Court · 1967

22 more not listed; retrieve them via the Exa API.

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