Legal Opinion

United Cancer Council v. Commissioner

United States Tax Court

Decided December 2, 1997No. Tax Ct. Dkt. No. 2008-91XPublishedCited by 2 opinions

Petitioner was organized in 1963. In a ruling letter dated Mar. 31, 1969, respondent ruled that petitioner was exempt from Federal income tax and was an eligible charitable donee. Secs. 501(a), 501(c)(3), 170(c), I.R.C. 1954. On June 11, 1984, petitioner entered into a 5-year fundraising contract (the Contract) with a professional fundraiser (W&H). During 1984 through 1989, W&H helped petitioner conduct a nationwide direct mail fundraising campaign.

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Petitioner was organized in 1963. In a ruling letter dated Mar. 31, 1969, respondent ruled that petitioner was exempt from Federal income tax and was an eligible charitable donee. Secs. 501(a), 501(c)(3), 170(c), I.R.C. 1954. On June 11, 1984, petitioner entered into a 5-year fundraising contract (the Contract) with a professional fundraiser (W&H). During 1984 through 1989, W&H helped petitioner conduct a nationwide direct mail fundraising campaign. Petitioner received a total of about $<>2-1/4 million in net fundraising revenue under the Contract. W&H received more than $<>4 million in fees…

1Opinion of the Court

CONTENTS

Page

Introduction and Statement of Issues. 327

Findings of Fact . 328

Background and Summary. 329

Direct Mail Fundraising . 334

W&H; AICR. 339

The Contract; Related Agreements . 342

A. The Contract (June 11, 1984) . 342

B. The Escrow Agreement . 345

C. Petitioner’s “Draw” Arrangement . 347

D. Agreement To Continue at 50 Percent the Percentage of Net

Housefile Mailing Income the Fundraising Contract Required To Be Retained in the Escrow Account To Reimburse W&H. 349

E. April 1987 Addendum to the Contract . 350

Direct Mail Fundraising Campaign: 1984-89 . 352

A. In General. 352

B. W&H’s Advances of the…

2Cases cited38 opinions

  1. Secretary of State of Md. v. Joseph H. Munson Co.Supreme Court of the United States · 1984
  2. Village of Schaumburg v. Citizens for a Better EnvironmentSupreme Court of the United States · 1980
  3. Riley v. National Federation of Blind of North Carolina, Inc.Supreme Court of the United States · 1988
  4. Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
  5. Bob Jones University v. United StatesSupreme Court of the United States · 1983

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3Cited by2 opinions

  1. United Cancer Council v. CommissionerUnited States Tax Court · 1997
  2. United Cancer Council, Inc. v. CommissionerUnited States Tax Court · 1997

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