Asmark Institute, Inc. v. Commissioner

CLAY, Circuit Judge.

Appellant Asmark Institute, Inc. (As-mark) appeals a judgment of the United States Tax Court upholding the Commissioner of the Internal Revenue Service’s decision that Appellant does not qualify for a tax exemption as a charitable organization, pursuant to 26 U.S.C. § 501(c)(3). For the reasons that follow, we AFFIRM.

BACKGROUND

The facts, as developed by the administrative record and as stipulated by the parties, are as follows:

Appellant is a Kentucky non-stock, nonprofit corporation incorporated in 2005 by three individuals: Allen C. Summers; his wife, Susan Summers; and…