Legal Opinion

Partners in Charity, Inc. v. Commissioner

United States Tax Court

Decided August 26, 2013No. Docket 1701-11XPublishedCited by 7 opinions

P was established as a nonprofit corporation under the laws of Illinois. P applied for recognition of tax-exempt status, explaining that its primary activity was to provide down-payment assistance grants to home buyers. R determined that P was a charitable organization described in I.R.C. sec. 501(c)(3). In actual operation, P required each home seller to pay to P the down-payment amount along with a fee.

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P was established as a nonprofit corporation under the laws of Illinois. P applied for recognition of tax-exempt status, explaining that its primary activity was to provide down-payment assistance grants to home buyers. R determined that P was a charitable organization described in I.R.C. sec. 501(c)(3). In actual operation, P required each home seller to pay to P the down-payment amount along with a fee. R retroactively revoked his determination, and P filed for a declaratory judgment under I.R.C. sec. 7428. Held: P's down-payment assistance program was not operated for a charitable purpose,…

1Opinion of the Court

Gustafson, Judge:

After examining the activities of petitioner, Partners In Charity, Inc. (“PIC”), for the years 2002 and 2003, the Internal Revenue Service (“IRS”) issued to PIC a final adverse determination letter dated October 22, 2010, revoking its recognition of PIC’s tax-exempt status. The revocation was retroactively effective to the date of PIC’s incorporation on July 10, 2000. On January 20, 2011, PIC timely petitioned this Court pursuant to section 7428 1 and Rule 210, seeking a declaratory judgment that PIC was an organization described in section 501(c)(3) during 2002 and 2003 (the…

2Cases cited15 opinions

  1. Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
  2. Better Business Bureau of Washington, D. C., Inc. v. United StatesSupreme Court of the United States · 1946
  3. B.S.W. Group, Inc. v. CommissionerUnited States Tax Court · 1978
  4. Martin Ice Cream Co. v. Comm'rUnited States Tax Court · 1998
  5. Scripture Press Foundation v. United StatesUnited States Court of Claims · 1961

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3Cited by7 opinions

  1. RSW Enterprises, Inc. v. CommissionerUnited States Tax Court · 2014
  2. Educational Assistance Foundation for the Descendants of Hungarian Immigrants in the Performing Arts, Inc. v. Commissioner of Internal RevenueDistrict Court, District of Columbia · 2015
  3. Association for Honest Attorneys v. CommissionerUnited States Tax Court · 2018
  4. Giving Hearts, Inc. v. CommissionerUnited States Tax Court · 2019
  5. Partners In Charity Inc. v. CommissionerUnited States Tax Court · 2013

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

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