Opinion

Edward Orton, Ceramic Foundation v. Commissioner

  • 9 T.C. 533
  • 1947 U.S. Tax Ct. LEXIS 85
Court
United States Tax Court
Filed
Sep 30, 1947
Status
Published
Author
Arundell
On the bench
Arundell,Disney,Opper
Cited by
14 cases
Authority
More cited than 10.4%

The opinion

AruNDEll, J., dissenting: I am of the opinion that the petitioner is not an exempt organization within the meaning of section 101 (6) of the code. First, by the terms of the decedent’s will — the very instrument which provided for the establishment of the petitioner — the principal purpose was declared to be the continued operation of a going business, and the research, scientific, and educational purposes were declared to be subsidiary. Second, the petitioner was not organized and operated exclusively for charitable, scientific, or educational purposes. Rather, it operated a competitive, commercial business, from which all its income was derived. These commercial activities can by no means be said to be merely incidental and the profits derived therefrom were not a negligible factor, as was the situation in Trinidad v. Sagrada Orden de Predicadores, 263 U. S. 578 . Third, a large part of the petitioner’s income was not used for charitable, scientific, or educational purposes, but went to the decedent’s widow, a private individual; and what she received was much too substantial to be ignored.

For the reasons stated I respectfully dissent.

Van Fossan, Murdock, Disney, and Orper, 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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