Legal Opinion

Federation Pharmacy Services, Inc. v. Commissioner

United States Tax Court

Decided July 26, 1979No. Docket No. 4787-78XPublished

Petitioner is a nonprofit corporation that operates a pharmacy, selling drugs at cost to elderly and handicapped persons. Petitioner has no commitment to use excess receipts to provide below, or no, cost drugs to the elderly or handicapped.

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Petitioner is a nonprofit corporation that operates a pharmacy, selling drugs at cost to elderly and handicapped persons. Petitioner has no commitment to use excess receipts to provide below, or no, cost drugs to the elderly or handicapped. Held: Petitioner operates a pharmacy primarily for commercial purposes as it sells drugs at a discount determined by its cost, with no provision for sales below cost to the elderly and handicapped, in competition with profitmaking drug stores. Fact that product sold by petitioner is helpful to health does not entitle it to an automatic sec. 501(c)(3),…

1Opinion of the Court

Federation Pharmacy Services, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent

Federation Pharmacy Services, Inc. v. Commissioner

Docket No. 4787-78X

United States Tax Court

72 T.C. 687; 1979 U.S. Tax Ct. LEXIS 85;

July 26, 1979, Filed

Decision will be entered for the respondent.

Petitioner is a nonprofit corporation that operates a pharmacy, selling drugs at cost to elderly and handicapped persons. Petitioner has no commitment to use excess receipts to provide below, or no, cost drugs to the elderly or handicapped. Held: Petitioner operates a pharmacy primarily for commercial…

Also in this document: Dissent.

2Cases cited33 opinions

  1. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
  2. Better Business Bureau of Washington, D. C., Inc. v. United StatesSupreme Court of the United States · 1946
  3. Trinidad v. Sagrada Orden De Predicadores De La Provincia Del Santisimo Rosario De FilipinasSupreme Court of the United States · 1924
  4. B.S.W. Group, Inc. v. CommissionerUnited States Tax Court · 1978
  5. Eastern Kentucky Welfare Rights Organization v. William E. Simon, Secretary of the TreasuryCourt of Appeals for the D.C. Circuit · 1974

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