Religious, Charitable, etc., Institutions and Community Chest

Department of the Treasury
Internal Revenue Service
RS
Tax Exempt and Government Entitles I Exemot Or~anizations Examinations Release Number: 202321010 Release Date: 5/26/2023 UIL Code: 501.03-00
CERTIFIED MAIL - Return Receipt Requested Dear
Why we are sending you this letter
Date:
February 23, 2023
Taxpayer ID number (last 4 digits):
Form:
Tax periods ended:
Person to contact:
Name:
ID number:
Telephone:
Fax:
Lnt day to file petition with United states
Tax Court:
May 24, 2023
This is a final determination that you don't qualify for exemption from federal income tax under Internal Revenue Code (IRC) Section 50l(a) as an organization described in IRC Section 50l(c)(3), effective . Your determination letter dated is revoked.
Our adverse determination as to your exempt status was made for the following reasons: Organizations described in IRC Section 501 ( c )(3) and exempt from tax under Section 50 l ( a) must be both organized and operated exclusively for exempt ptuposes. Your certificate ofinc-0rporation does not contain an explicit statement which limits the ptupose of your organization to one or more exempt ptuposes, nor does the certificate permanently dedicate the organization's assets to IRC Section 50l(c)(3) ptuposes on dissolution. You are not organized exclusively for one or more ofIRC Section 50l(c)(3) pw:poses because you do not have an acceptable exempt ptupose and a qualified dissolution clause in your organizing documents.
Organizations that are not exempt under IRC Section 501 generally are required to file federal income tax returns and pay tax, where applicable. For further instructions, forms and information please visit IRS.gov.
What you must do if you disagree with this determination
If you want to contest our final determination, you have 90 days from the date this determination letter was mailed to you to file a petition or complaint in one of the three federal courts listed below.
How to file your action for declaratory judgment
If you decide to contest this determination, you can file an action for declaratory judgment under the provisions of Section 7428 of the Code in either:
• The United States Tax Court,
• The United States Court of Federal Claims, or
• The United States District Court for the District of Columbia You must file a petition or complaint in one of these three courts within 90 days from the date we mailed this determination letter to you. You can download a fillable petition or complaint form and get information about filing at each respective court's website listed below or by contacting the Office of the Clerk of the Court at one of the addresses below. Be sure to include a copy of this letter and any attachments and the applicable filing fee with the petition or complaint. catalog Number 74808E You can eFile your completed U.S. Tax Court petition by following the instructions and user guides available on the Tax Court website at ustaxcourt.gov/dawson.html. You will need to register for a DAWSON account to do so. You may also file your petition at the address below:
United States Tax Court
400 Second Street, NW
Washington, DC 20217 ustaxcourt.gov The websites of the U.S. Court of Federal Claims and the U.S. District Court for the District of Columbia contain instructions about how to file your completed complaint electronically. You may also file your complaint at one of the addresses below:
US Court of Federal Claims
717 Madison Place, NW
Washington, DC 20439 uscfc.uscourts.gov
US District Court for the District of Columbia
333 Constitution A venue, NW Washington, DC 20001 dcd.uscourts.gov Processing of income tax returns and assessments of any taxes due will not be delayed if you file a petition for declaratory judgment under IRC Section 7428.
Information about the IRS Taxpayer Advocate Service
The IRS office whose phone number appears at the top of the notice can best address and access your tax information and help get you answers. However, you may be eligible for free help from the Taxpayer Advocate Service (TAS) if you can't resolve your tax problem with the IRS, or you believe an IRS procedure just isn't working as it should. TAS is an independent organization within the IRS that helps taxpayers and protects taxpayer rights. Contact your local Taxpayer Advocate Office at:
Internal Revenue Service
Or call TAS at 877-777-4778. For more information about TAS and your rights under the Taxpayer Bill of Rights, go to taxpayeradvocate.IRS.gov. Do not send your federal court pleading to the TAS address listed above.
Use the applicable federal court address provided earlier in the letter. Contacting TAS does not extend the time to file an action for declaratory judgment.
Where you can find more information
Enclosed are Publication 1, Your Rights as a Taxpayer, and Publication 594, The IRS Collection Process, for more comprehensive information.
Find tax forms or publications by visiting IRS.gov/forms or calling 800-TAX-FORM (800-829-3676). If you have questions, you can call the person shown at the top of this letter.
If you prefer to write, use the address shown at the top of this letter. Include your telephone number, the best time to call, and a copy of this letter.
Catalog Number 74808E
You may fax your documents to the fax number shown above, using either a fax machine or online fax service.
Protect yourself when sending digital data by understanding the fax service's privacy and security policies.
Keep the original letter for your records.
Enclosures:
Publication 1
Publication 594
Publication 892
Sincerely,
A_ Brinkley
Director, Exempt Organizations Examinations Catalog Number 74808E II IRS
Department of the Treasury
Internal Revenue Service
Tax Exempt and Government Entities
Exempt Organizations Examinations
CERTIFIED MAIL - Return Receipt Requested Dear
Why you're receiving this letter
Date:
August 11, 2022
Taxpayer ID number:
Form:
Tax periods ended:
Person to contact:
Name:
ID number:
Telephone:
Fax:
Address:
Manager's contact Information:
Name:
ID number:
Telephone:
Response due date:
September 12, 2022
We enclosed a copy of our audit report, Form 886-A, Explanation of Items, explaining that we propose to revoke your tax-exempt status as an organization described in Internal Revenue Code

(IRC) Section 501(c)(3).
If you agree
If you haven't already, please sign the enclosed Form 6018, Consent to Proposed Action, and return it to the contact person shown at the top of this letter. We'll issue a final adverse letter determining that you aren't an organization described in IRC Section 501(c)(3) for the periods above.
After we issue the final adverse determination letter, we'll announce that your organization is no longer eligible to receive tax deductible contributions under IRC Section 170.
If you disagree
1. Request a meeting or telephone conference with the manager shown at the top of this letter.
2. Send any information you want us to consider.
3. File a protest with the IRS Appeals Office. If you request a meeting with the manager or send additional information as stated in 1 and 2, above, you'll still be able to file a protest with IRS Appeals Office after the meeting or after we consider the information.
The IRS Appeals Office is independent of the Exempt Organizations division and resolves most disputes informally. If you file a protest, the auditing agent may ask you to sign a consent to extend the period of limitations for assessing tax. This is to allow the IRS Appeals Office enough time to consider your case. For your protest to be valid, it must contain certain specific information, including a statement of the facts, applicable law, and arguments in support of your position. For specific information needed for a valid protest, refer to Publication 892, How to Appeal an IRS Determination on Tax-Exempt Status.
Fast Track Mediation (FTM) referred to in Publication 3498, The Examination Process, generally doesn't apply now that we've issued this letter.
4. Request technical advice from the Office of Associate Chief Counsel (Tax Exempt Government Entities) if you feel the issue hasn't been addressed in published precedent or has been treated inconsistently by the IRS.
If you're considering requesting technical advice, contact the person shown at the top of this letter. If you disagree with the technical advice decision, you will be able to appeal to the IRS Appeals Office, as explained above. A decision made in a technical advice memorandum, however, generally is final and binding on Appeals.
Ifwe don't hear from you
If you don't respond to this proposal within 30 calendar days from the date of this letter, we'll issue a final adverse determination letter.
Contacting the Taxpayer Advocate Office is a taxpayer right
The Taxpayer Advocate Service (TAS) is an independent organization within the IRS that can help protect your taxpayer rights. TAS can offer you help if your tax problem is causing a hardship, or you've tried but haven't been able to resolve your problem with the IRS. If you qualify for TAS assistance, which is always free, TAS will do everything possible to help you.
Visit www.taxpayeradvocate.irs.gov or call 877-777-4778.
For additional information
You can get any of the forms and publications mentioned in this letter by visiting our website at www.irs.gov/forms-pubs or by calling 800-TAX-FORM (800-829-3676).
2 Letter 3618 (Rev. 8-2019)
If you have questions, you can contact the person shown at the top of this letter.
Enclosures:
Form 886-A
Form 6018
Sincerely,
'fr Jl tP
Lynn A. Brinkley
Acting Director, Exempt Organizations
Examinations
3 Letter 3618 (Rev. 8-2019)
Form886-A
(May 2017)
Name of taxpayer

# ISSUE

Department of the Treasury - Internal Revenue Service Schedule number or exhibit
Explanations of Items
Tax Identification Number Year/Period ended If continues to qualify for exemption under Section 501(c)(3) of the Internal Revenue Code considering that their Certificate of Incorporation does not have a dissolution clause, the organization was not organized in , and they do not intend to amend their organizing document?

# FACTS

• The was organized under law in
• On , received tax exemption as a Public Charity under 509(a)(2) within the meaning oflnternal Revenue Code 501(c)(3) from the date of
• On their application for exemption under IRC Section 50l(c)(3), the attested to the statement that their organizing document contained the dissolution provision required under section 501(c)(3).
• Per their organizing documents, the 's purposes are "
"
• The accomplishes their primary purposes by providing scholarships to in specific school that meet certain criteria.
• During the examination, the Revenue Agent discussed the lack of a dissolution clause with the Power of Attorney for and explained the need for an amendment of their Certificate of Incorporation such that it meets Internal Revenue Code Section 501(c)(3) criteria.
• The filed all required

# LAW

Internal Revenue Code Section 501(c)(3) provides for exemption from Income Tax for corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of the cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of ( or in opposition to) any candidate for public office.
Treasury Regulations (Treas. Regs.) 1.501(c)(3)-l(a) states that in order to be exempt as an organization described in section 501(c)(3), an organization must be both organized and operated exclusively for one or more of the purposes specified in such section. If an organization fails to meet either the organizational test or the operational test, it is not exempt.
Treas. Regs. 1.501(c)(3)-l(b)(4) explains that an organization is not organized exclusively for one or more exempt purposes unless its assets are dedicated to an exempt purpose. An organization's assets will be considered dedicated to an exempt purpose, for example, if, upon dissolution, such assets would, by reason of a provision in the organization's articles or by operation oflaw, be distributed for one or more exempt purposes, or to the Federal Government, or to a Catalog Number 20810W Page _1 _ www.irs.gov Fonn 886-A (Rev. 5-2017)
Form886-A
(May 2017)
Name of taxpayer
Department of the Treasury - Internal Revenue Service
Explanations of Items
Tax Identification Number
Schedule number or exhibit
Year/Period ended
State or local government, for a public purpose, or would be distributed by a court to another organization to be used in such manner as in the judgment of the court will best accomplish the general purposes for which the dissolved organization was organized. However, an organization does not meet the organizational test if its articles or the law of the State in which it was created provide that its assets would, upon dissolution, be distributed to its members or shareholders.
TAXPAYER'S POSITION
The taxpayer has not provided their position at this time.
GOVERNMENT'S POSITION
The received tax exemption as a Public Charity under 509(a)(2) within the meaning oflntemal Revenue Code 501(c)(3) from the date of . In their application for tax exempt status under IRC Section 501(c)(3), the attested to the statement that their organizing document contained the dissolution provision required under section 501(c)(3). The was assigned the for audit on During the examination, the provided their Certificate of Incorporation and stated that no further amendments were made to the organizing documents.
Treas. Regs. 1.501(c)(3)-l(b)(4) explains that an organization is not organized exclusively for one or more exempt purposes unless its assets are dedicated to an exempt purpose. An organization's assets will be considered dedicated to an exempt purpose, for example, if, upon dissolution, such assets would, by reason of a provision in the organization's articles or by operation oflaw, be distributed for one or more exempt purposes, or to the Federal Government, or to a State or local government, for a public purpose, or would be distributed by a court to another organization to be used in such manner as in the judgment of the court will best accomplish the general purposes for which the dissolved organization was organized. Further, Treas. Regs. 1.501(c)(3)-l(a) states that if an organization does not meet the organizational test or the operational test, it is not exempt.
Following the preceding Treasury Regulations, the is not exempt under Internal Revenue Section 501(c)(3) and should be revoked.

# CONCLUSION

The should be revoked as a tax-exempt organization described in section 501(c)(3) of the Internal Revenue Code because they are not exclusively organized for exempt purposes.
The effective date of revocation is Catalog Number 2081 OW Page _2_ www.irs.gov Form 886-A (Rev. 5-2017)