Legal Opinion

Zeta Beta Tau Fraternity, Inc. v. Commissioner

United States Tax Court

Decided August 13, 1986No. Docket No. 9419-78Published

Petitioner is a national college fraternity and is classified by respondent as a tax-exempt social club under sec. 501(c)(7), I.R.C. 1954. Held: Petitioner does not also qualify as a domestic fraternal organization under sec. 501(c)(10), I.R.C. 1954. Therefore, petitioner's unrelated business taxable income includes income from investments under sec. 512(a)(3)(A), I.R.C. 1954. Held, further, sec. 1.501(c)(10)-1, Income Tax Regs., is valid.

1Opinion of the Court

Zeta Beta Tau Fraternity, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent

Zeta Beta Tau Fraternity, Inc. v. Commissioner

Docket No. 9419-78

United States Tax Court

87 T.C. 421; 1986 U.S. Tax Ct. LEXIS 64; 87 T.C. No. 23;

August 13, 1986, Filed

Decision will be entered for the respondent.

Petitioner is a national college fraternity and is classified by respondent as a tax-exempt social club under sec. 501(c)(7), I.R.C. 1954. Held: Petitioner does not also qualify as a domestic fraternal organization under sec. 501(c)(10), I.R.C. 1954. Therefore, petitioner's unrelated business…

2Cases cited13 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  3. Regan v. Taxation With Representation of WashingtonSupreme Court of the United States · 1983
  4. J. C. Penney Company, Transferee v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1962
  5. McGlotten v. ConnallyDistrict Court, District of Columbia · 1972

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