Quarrie Charitable Fund v. Commissioner
United States Tax Court
Petitioner is an organization described in sec. 501(c)(3), I.R.C. 1954. Its trustee has authority to substitute new charitable beneficiaries for the named beneficiaries if the trustee determines that the original charitable uses have become "unnecessary, undesirable, impracticable, impossible or no longer adapted to the needs of the public."
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Petitioner is an organization described in sec. 501(c)(3), I.R.C. 1954. Its trustee has authority to substitute new charitable beneficiaries for the named beneficiaries if the trustee determines that the original charitable uses have become "unnecessary, undesirable, impracticable, impossible or no longer adapted to the needs of the public." Held, petitioner is a private foundation, not an organization described in sec. 509(a)(3), I.R.C. 1954, because the trustee's power of substitution is not conditioned upon an event which is beyond its control as required by the organizational test, sec.…
1Opinion of the Court
Tannenwald, Judge:
Respondent determined that petitioner is a private foundation as defined in section 509(a).1 Petitioner brought an action under section 7428 for a declaratory judgment that it is not a private foundation because it is an organization described in section 509(a)(3).
OPINION
This case was submitted upon the basis of the pleadings and the facts recited in the administrative record, which are assumed to be true for the purposes of this decision. See Rules 122(a) and 217, Tax Court Rules of Practice and Procedure.
Petitioner is an organization described in section 501(c)(3) and…
2Cases cited6 opinions
- Key Buick Co. v. CommissionerUnited States Tax Court · 1977
- Mason v. Bloomington Library Ass'nIllinois Supreme Court · 1908
- Estate of William Zentmayer, Deceased, the First Pennsylvania Banking and Trust Company v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1964
- Board of Education v. City of RockfordIllinois Supreme Court · 1939
- Graham Hospital Ass'n v. TalleyAppellate Court of Illinois · 1975
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Change-All Souls Housing Corp. v. United StatesUnited States Court of Claims · 1982
- Cockerline Memorial Fund v. CommissionerUnited States Tax Court · 1986
- Nellie Callahan Scholarship Fund v. CommissionerUnited States Tax Court · 1980
- St. John's Orphanage, Inc. v. United StatesUnited States Court of Claims · 1989
- Polm Family Foundation, Inc. v. United StatesDistrict Court, District of Columbia · 2009
7 more not listed; retrieve them via the Exa API.