IRS revokes a charity that did not provide complete audit records

Plain-English summary

The IRS revoked an organization's Section 501(c)(3) status because it could not verify the organization's documents, activities, or operations. The organization had obtained exemption through Form 1023-EZ and was selected for an audit of a Form 990-N year. It had not filed a Form 990-series return for the next year and provided only an incomplete response to repeated information requests. The IRS sent several letters, including certified mail, and made numerous calls, but did not receive the records needed to determine whether the organization remained organized and operated for exempt purposes. Sections 6001 and 6033 require exempt organizations to keep records and provide information needed to examine their status. The IRS revoked the exemption effective as of the redacted date, ended contribution deductibility under Section 170, and required Form 1120 filings afterward.

Ruling snapshot

• Question: Could the organization retain § 501(c)(3) status after failing to file a return and provide complete records needed to verify its organizing documents and operations?
• Outcome: Revocation of exempt status
• Key authorities: IRC §§ 170, 501(c)(3), 6001, 6033, and 7428; Treas. Reg. §§ 1.501(c)(3)-1, 1.6001-1, and 1.6033-1(h)(2); Rev. Rul. 59-95

Full text (IRS public release)

DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
1100 Commerce Street, MC 4920DAL
Dallas, TX 75242

TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION

Date: December 10, 2019 Taxpayer ID Number:
Number: 202052042 Form:

Release Date: 12/24/2020 Tax Period(s) ended:

UIL: 501.03-00 Person to Contact:

Identification Number:
Telephone Number:

Fax Number:

CERTIFIED MAIL — Return Receipt Requested
LAST DAY FOR FILING A PETITION WITH THE TAX COURT:

Dear

This is a final determination that you don’t qualify for exemption from federal income tax under section
501(a) of the Internal Revenue Code (the “Code”) as an organization described in section 501(c)(3),
effective January 1, 20XX. Your determination letter dated September 18, 20XX is revoked.

Our adverse determination as to your exempt status was made for the following reasons:

You have not established that you are organized and operated exclusively for an
exempt purpose or that you have been engaged primarily in activities that accomplish
one or more exempt purposes within the meaning of section 501(c)(3) of the Code. You
did not provide the documents about material matters concerning your organizing
documents and operations as required by sections 6001 and 6033(a)(1) and Rev. Rul.
59-95, 1959-1 C.B. 627

As such, you failed to meet the requirements of section 501(c)(3) of the Code and Treasury
Regulation section 1.501(c)(3)-1(a), in that you have not established that you were organized and
operated exclusively for exempt purposes and that no part of your earnings inured to the benefit
of private shareholders or individuals.

Organizations that are not exempt under section 501 of the Code generally are required to file
federal income tax returns and pay tax, where applicable. For further instructions, forms, and
information please visit www.irs.gov.

Contributions to your organization are no longer deductible under section 170 of the Code.

1

If you decide to contest this determination, you may file an action for declaratory judgment under the
provisions of section 7428 of the Code in one of the following three venues: 1) United States Tax
Court, 2) the United States Court of Federal Claims, or 3) the United States District Court for the District
of Columbia. A petition or complaint in one of these three courts must be filed within 90 days from the
date this determination was mailed to you. Please contact the clerk of the appropriate court for the
rules for initiating suits for declaratory judgment. Please contact the clerk of the appropriate court for
rules and the appropriate forms for filing petitions for declaratory judgment by referring to the enclosed
Publication 892. You may write to the courts at the following addresses:

United States Tax Court
400 Second Street, NW
Washington, DC 20217

U.S. Court of Federal Claims 717
Madison Place, NW
Washington, DC 20005

U. S. District Court for the District of Columbia 333

Constitution Ave., N.W.
Washington, DC 20001

Processing of income tax returns and assessments of any taxes due will not be delayed if you file a
petition for declaratory judgment under section 7428 of the Code.

We'll notify the appropriate state officials (as permitted by law) of our determination that you aren’t an
organization described in section 501(c)(3) of the Code.

You may also be eligible for help from the Taxpayer Advocate Service (TAS). 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.

Taxpayer Advocate assistance can’t be used as substitute for established IRS procedures, formal
appeals processes, etc. The Taxpayer Advocate is not able to reverse legal or technically correct tax
determination, nor extend the time fixed by law that you have to file a petition in Court. The Taxpayer
Advocate can, however, see that a tax matter that may not have been resolved through normal
channels gets prompt and proper handling.

You can get any of the forms or publications mentioned in this letter by calling 800-TAX-FORM (800-
829-3676) or visiting our website at www.irs.gov/forms-pubs.

2

If you have questions, you can contact the person listed at the top of this letter.

Sincerely,

[illegible signature]
Maria D. Hooke
Director, EO Examinations

Enclosures:

Publication 892

3

Department of the Treasury
Internal Revenue Service
Tax Exempt and Government Entities Division
Exempt Organizations Examination

CERTIFIED MAIL — Return Receipt Requested
Dear

Why you’re receiving this letter

Date:
05/16/2019
Taxpayer ID number:

Form:
Tax periods ended:

Person to contact:

Employee ID number:
Telephone number:
Fax:

Manager's contact information:
Employee ID number:

Telephone number:
Response due date:

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.

Letter 3618 (Rev. 9-2017)
Catalog Number 34809F

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.

If we 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.

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).
If you have questions, you can contact the person shown at the top of this letter.
Sincerely,

[illegible signature]
for Maria Hooke
Director, Exempt Organizations Examinations

Enclosures:

Form 886-A

Form 6018
Publication 892
Publication 3498
Administrative File

Letter 3618 (Rev. 9-2017)
Catalog Number 34809F

Form 886A Department of the Treasury - Internal Revenue Service Schedule No. or Exhibit
Explanation of Items

Name of Taxpayer Year/Period Ended

Date of Notice: May 16, 20XX

Issues:

Whether (the organization), which qualified for exemption from Federal
income tax under Section 501(c)(3) of the Internal Revenue Code, should be revoked due
to its failure to respond and produce records?

Facts:

applied for tax-exempt status by filing the Form 1023-EZ, Streamlined
Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue
Code, on and was granted tax-exempt status as a 501(c)(3) on
, with an effective date of October 8, 20XX.

An organization exempt under 501(c)(3) needs to be organized and operated exclusively
for religious, charitable, scientific, testing for public safety, literary or educational purposes
and to foster national and amateur sports competition.

The organization was selected for audit to ensure that the activities and operations align
with their approved exempt status.

The organization failed to provide a complete response to the Internal Revenue Service
attempts to obtain information to perform an audit of Form 990-N for the tax year
December 31, 20XX.

The organization has not filed a Form 990 series return for the December 31, 20XX tax
year.

The Form 1023-EZ application list the phone number of for the president
of

• Correspondence for the audit was as follows:

• Letter 3606 (Rev. 6-2012) with attachments, was mailed to the organization
  on February 14, 20XX with a response date of March 16, 20XX. This letter
  was not return by the post office as being undeliverable.

• Letter 3844-A (Rev. 12-2015) with attachments, was mailed certified to the
  organization on March 21, 20XX, with a response date of April 5, 20XX Article
  Number . Organization signed for the certified
  letter on March 27, 20XX.

• Incomplete response received March 27, 20XX. TCO attempted outcalls to

Form 886-A (Rev.4-68) Department of the Treasury - Internal Revenue Service
Page: -1-

Form 886A Department of the Treasury - Internal Revenue Service Schedule No. or Exhibit
Explanation of Items

Name of Taxpayer Year/Period Ended

the organization without success.

• Letter 3844-B (11-2015), with attachments, Explanation of Items, was mailed
  to the organization with a response date of April 10, 20XX.

• Letter 5077-B (1-2017), TE/GE IDR Delinquency Notice, was mailed certified
  to the organization on April 23, 20XX with a response date of May 7, 20XX,
  Article Number . This letter was not return by the
  post office as being undeliverable, nor was the certified signature received
  back.

• Telephone contact for the audit was as follows:

• February 28, 20XX, Tax Compliance Officer (TCO) called the phone number
  listed on the Form 1023-EZ application for the President of and
  received VMS indicating president’s name. Left a message for an officer of
  the organization to return my phone call.

• March 5, 20XX, Tax Compliance Officer (TCO) called the phone number
  listed on the Form 1023-EZ application for the President of .

• March 6, 20XX, organization president, left a VM for TCO to
  contact her back, confirming correct phone number of . TCO
  attempted phone call at 5:40 PM MST, straight to VMS. TCO left message
  for a call back.

• March 7, 20XX, TCO left VM attempting to return president’s phone call.

• March 12, 20XX, TCO called the phone number provided by the president
  , left VM.

• March 21, 20XX, TCO called the phone number listed on the Form 1023-EZ
  application for the President of . Each time the phone would not
  ring, goes straight to VMS.

• March 22, 20XX, TCO called the phone number and left VM that the partial
  response had been received.

• April 15, 20XX, left voicemail for Tax Compliance Office to contact
  her back, as she was unsure what to provide in response.

• April 16, 20XX, Tax Compliance Officer (TCO) attempted outcall, phone does

Form 886-A (Rev.4-68) Department of the Treasury - Internal Revenue Service
Page: -2-

Form 886A Department of the Treasury - Internal Revenue Service Schedule No. or Exhibit
Explanation of Items

Name of Taxpayer Year/Period Ended

not ring, goes straight to VMS. TCO research for additional phone
numbers. Found two potentials, & , however, no
answer on either phone numbers. TCO did not leave a VM.

Law:

Internal Revenue Code (IRC) §501(c)(3) of the Code provides that an organization
organized and operated exclusively for charitable or educational purposes is exempt from
Federal income tax, provided no part of its net earnings inures to the benefit of any private
shareholder or individual.

IRC §6033(a)(1) of the Code provides, except as provided in section 6033(a)(2), every
organization exempt from tax under section 501(a) shall file an annual return, stating
specifically the items of gross income, receipts and disbursements, and such other
information for the purposes of carrying out the internal revenue laws as the Secretary may
by forms or regulations prescribe, and keep such records, render under oath such
statements, make such other returns, and comply with such rules and regulations as the
Secretary may from time to time prescribe.

Treasury Regulations (Regulation) 1.501(c)(3)-1 In order to be exempt under
§501(c)(3) the organization must be both organized and operated exclusively for one or
more of the purposes specified in the section. (religious, charitable, scientific, testing for
public safety, literary or educational).

Regulation §1.501(c)(3)-1(a)(1) of the regulations 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.

Regulation §1.6001-1(c) of the Code provides that such permanent books and records as
are required by paragraph (a) of this section with respect to the tax imposed by section
511 on unrelated business income of certain exempt organizations, every organization
exempt from tax under section 501(a) shall keep such permanent books of account or
records, including inventories, as are sufficient to show specifically the items of gross
income, receipts and disbursements. Such organizations shall also keep such books and
records as are required to substantiate the information required by section 6033. See
section 6033 and §§ 1.6033-1 through 1.6033-3.

Regulation §1.6001-1(e) of the Code provides that the books or records required by this
section shall be kept at all time available for inspection by authorized internal revenue
officers or employees, and shall be retained as long as the contents thereof may be
material in the administration of any internal revenue law.

Form 886-A (Rev.4-68) Department of the Treasury - Internal Revenue Service
Page: -3-

Form 886A Department of the Treasury - Internal Revenue Service Schedule No. or Exhibit
Explanation of Items

Name of Taxpayer Year/Period Ended

Regulation §1.6033-1(h)(2) of the regulations provides that every organization which has
established its right to exemption from tax, whether or not it is required to file an annual
return of information, shall submit such additional information as may be required by the
district director for the purpose of enabling him to inquire further into its exempt status and
to administer the provisions of subchapter F (section 501 and the following), chapter 1 of
the Code and section 6033.

Organization’s Position
Taxpayer's position is unknown at this time.

Government’s Position

Based on the above facts, the organization did not respond to verify that they are
organized and operated exclusively for one or more of the purposes specified in IRC
Section 501(c)(3). If an organization fails to meet either the organizational test or the
operational test, it is not exempt.

Section 1.501(c)(3)-1(b)(1)(i)(a) states an organization is organized exclusively for one
or more exempt purposes only if its articles of organization limit the purposes of such
organization to one or more exempt purposes.

Section 1.501(c)(3)-1(b)(4) states an organization is not organized exclusively for one or
more exempt purposes unless its assets are dedicated to an exempt purpose.

In accordance with the above-cited provisions of the Code and regulations under
sections 6001 and 6033, organizations recognized as exempt from federal income tax
must meet certain reporting requirements. These requirements relate to the filing of a
complete and accurate annual information (and other required federal tax forms) and
the retention of records sufficient to determine whether such entity is operated for the
purposes for which it was granted tax-exempt status and to determine its liability for any
unrelated business income tax.

Section 1.6033-1(h)(2) of the regulations specifically state that exempt organizations
shall submit additional information for the purpose on enabling the Internal Revenue
Service to inquire further into its exempt status.

Using the rationale that was developed in Revenue Ruling 59-95, the Organization's
failure to provide requested information should result in the termination of exempt
status.

Conclusion:

Form 886-A (Rev.4-68) Department of the Treasury - Internal Revenue Service
Page: -4-

Form 886A Department of the Treasury - Internal Revenue Service
Explanation of Items

Schedule No. or Exhibit

Name of Taxpayer

Year/Period Ended

Based on the foregoing reasons, the organization does not qualify for exemption under
section 501(c)(3) and its tax-exempt status should be revoked.

It is the IRS's position that the organization failed to establish that it meets the reporting
requirements under IRC §§ 6001 and 6033 to be recognized as exempt from federal
income tax under IRC § 501(c)(3). Furthermore, the organization has not established
that it is observing the conditions required for the continuation of its exempt status or
that it is organized and operated exclusively for an exempt purpose. Accordingly, the
organization's exempt status is revoked effective January 1, 20XX.

Form 1120, U.S. Corporation Income Tax Return, should be filed for the tax periods
after January 1, 20XX.

Form 886-A (Rev.4-68) Department of the Treasury - Internal Revenue Service
Page: -5-