Julia R. & Estelle L. Foundation Incorporated v. Commissioner of Internal Revenue

Van GRAAFEILAND, Circuit Judge:

The issue in this case is whether a private foundation subject to the excise tax imposed by section 4940 of the Internal Revenue Code of 1954 (26 U.S.C. § 4940) must allocate its administrative expenses between its investment activities and its distribution activities and may deduct only the former in calculating its net investment income for excise tax purposes. Appellant, a private non-operating foundation, refused to make such an allocation for its 1973 return, and, as a result, almost all of its administrative expenses were disallowed by the Commissioner as…