Legal Opinion

Eastern Kentucky Welfare Rights Organization v. William E. Simon, Secretary of the Treasury

Court of Appeals for the D.C. Circuit

Decided December 6, 1974No. 74-1293PublishedCited by 97 opinions

1Opinion of the Court

JAMESON, Senior District Judge:

Defendants-appellants, the Secretary of the Treasury and Commissioner of Internal Revenue, have appealed from an order granting summary judgment to plaintiffs-appellees and holding that “private nonprofit hospitals seeking tax exempt status as charitable organizations under § 501(c)(3) of the [Internal Revenue] Code must provide free or below cost treatment to individuals unable to pay for such services” and that a revenue ruling modifying this requirement is void.1

I. BACKGROUND

Sections 501(a) and (c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(a) and…

2Cases cited30 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. United States v. SherwoodSupreme Court of the United States · 1941
  3. Sierra Club v. MortonSupreme Court of the United States · 1972
  4. United States v. Students Challenging Regulatory Agency Procedures (SCRAP)Supreme Court of the United States · 1973
  5. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949

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3Cited by97 opinions

  1. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
  2. Richard A. Batterton, Secretary of Employment & Social Services of the State of Maryland v. F. Ray Marshall, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1980
  3. Guardian Federal Savings and Loan Association v. Federal Savings and Loan Insurance CorporationCourt of Appeals for the D.C. Circuit · 1978
  4. Southern Pacific Transp. Co. v. CommissionerUnited States Tax Court · 1980
  5. Abbott Laboratories v. Portland Retail Druggists Assn., Inc.Supreme Court of the United States · 1976

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