Opinion

Association of The Bar v. Commissioner

  • 89 T.C. 599
  • 89 T.C. No. 42
  • 1987 U.S. Tax Ct. LEXIS 132
Court
United States Tax Court
Filed
Sep 17, 1987
Status
Published
Author
Jacobs
On the bench
Sterrett,Nims,Whitaker,Shields,Hamblen,Swift,Gerber,Parr,Williams,Wells,Chabot,Cohen,Clapp,Jacobs,Wright,Jacobs,Chabot,Clapp
Cited by
2 cases

The opinion

JACOBS, J., dissenting. Although I share the views of Judge Chabot, I wish to separately state my dissent.

To qualify for tax exemption under section 501(c)(3), an organization cannot participate or intervene in any political campaign on behalf of any candidate for public office. By rating those candidates seeking elected judicial office and by publishing such ratings, petitioner is, in my opinion, intervening in the process of electing judges. Where more than one candidate seeks an elected judicial office, petitioner’s rating of one candidate higher than another is tantamount to an endorsement by petitioner of the candidate it deems more qualified. Regardless of petitioner’s motives, this constitutes a prohibited intervention. The fact that petitioner may be performing a valuable service to the electorate is, in this instance, of no import. Such may be regrettable; nevertheless, it is the law.

CHABOT and CLAPP, JJ., agree with this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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