Private Letter Ruling
Number: 202150022
Internal Revenue Service
August 6, 2020
     
   
   
DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
1100 Commerce Street, MC 4920DAL
Dallas, TX 75242
   
TAX EXEMPT AND GOVERNMENT ENTITIES DIVISION
   
Number: 202150022
Release Date: 12/17/2021
   
Date: August 6, 2020
Taxpayer ID Number:
Form:
For Tax Period(s) Ending:
Person to Contact:
Telephone Number:
Fax Number:
   
UIL: 501.07-00
   
CERTIFIED MAIL -- Return Receipt Requested
LAST DAY FOR FILING A PETITION WITH THE TAX COURT:
   
Dear *******:
   
This is a final determination that you do not qualify for exemption from federal income tax under Internal Revenue Code (IRC) Section 501(a) as an organization described in IRC Section 501(c)(7) for the tax period(s) above.
   
Our adverse determination as to your exempt status was made for the following reasons.
   
During the tax year in question, you did not qualify for exemption as a social club described in IRC section 501(c)(7) because you have had no members since 20XX and your gross receipts have consistently exceeded the limitation of 35%, including investment income, from sources outside of your membership.
   
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 www.irs.gov.
   
If you decide to contest this determination, you may file an action for declaratory judgment under the provisions of IRC Section 7428 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 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 IRC Section 7428.
   
You may 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 1-877-777-4778.
   
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.
   
If you have questions, you can contact the person listed at the top of this letter.
   
Sincerely,
   
Sean E. O'Reilly
Director, EO Examinations
   
Enclosures:
Publication 892
   
   
   
Department of the Treasury
Internal Revenue Service
Tax Exempt and Government Entities
   
Date:
January 21, 2020
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:
   
CERTIFIED MAIL -- Return Receipt Requested
   
Dear *******:
   
Why you're receiving this letter   
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)(7).
   
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)(7) for the periods above.
   
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.
   
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.
   
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)
   
If you have questions, you can contact the person shown at the top of this letter.
   
Sincerely,
   
For Maria Hooke
Director, Exempt Organizations
Examinations
   
Enclosures:
Form 886-A
Form 6018
   
   
   
                          
   
ISSUE:   
   
Whether the ******* is still qualified for exemption under Section 501(c)(7) of the Internal Revenue Code?
   
FACTS:   
   
******* was a local chapter of a national fraternity. This local chapter was originally colonized on the campus in ******* in 19XX. The organization was granted its exempt status in May 19XX as an exempt organization under section 501(c)(7) of the Internal Revenue Code The chapter purchased a property which became the residence for the fraternity members for many years.
   
In 19XX, the chapter folded. The property was subsequently sold in *******. Since that time, the local chapter has been acting as the mortgage holder and collecting the monthly payments from the sale
   
The chapter was once recolonized at ******* in 20XX, and the ******* acted as the provider of student housing for the fraternity members by renting another facility and charging the students a rental fee which coincided with the semester term of the school. However, those students did not act in a responsible manner, the chapter again closed in 20XX. Since then, the chapter has been collecting the mortgage payments and investing the funds to build up savings so that the chapter can be recolonized at some point in the future.
   
The organization currently has 3 officers who oversee the funds and make investment decision. Them are no official minutes from meeting. ******* did not have any member or any social event in the past 10 years. The organization's source of income has been solely from the investment since 19XX.
   
LAW:
   
Section 501(c)(7) of the Internal Revenue Code defines an exempt organization under this section as one that is organized and operated exclusively for the pleasure, recreation, and other nonprofit purposes, for its members.
   
Section 1.501(c)(7)-1 of the Income Tax Regulations provides that, in general, the exemption extends to social and recreation clubs which are supported by membership fees, dues, and assessments. However, a club which engages in business, such as making its social and recreational facilities available to the general public, is not organized and operated exclusively for pleasure, recreation, and other nonprofitable purposes, and is not exempt under section 501(a).
   
Revenue Procedure 71-17 as amended by Public Law 94 568  provides certain gross receipts sale harbors, i.e. Social Clubs may receive up to 35% of their total gross receipts, including investment income, from sources outside of their membership without jeopardizing their tax-exempt status. Within this 35% limit, no more than 15% of a club's gross receipts may be derived from nonmember use of the club's facilities and/or services. If these standards are exceeded, a Social Club will not qualify for exemption pursuant to IRC section 501(c)(7).
   
TAXPAYER'S POSITION:   
   
The position of the taxpayer is unknown at this time.
   
GOVERNMENT'S POSITION:   
   
******* has failed to qualify to be exempt under 501(c)(7) because it has no members since 20XX and its gross receipts has consistently exceeded the limitation of 35%, including investment income, from sources outside of their membership. Therefore, the ******* no longer qualifies as an organization that is organized and operated as a Social Club as described in IRC section 501(c)(7).
   
Revocation of its tax-exempt status is warranted, effective January 1, 20XX.
   
CONCLUSION:   
   
As a taxable entity, the organization is required to file Form 1120, U.S. Corporation Income Tax Return beginning in the tax year ending December 31, 20XX and in all future tax years.
   
Additionally, the organization is reminded of the provisions of Internal Revenue Code Sec 277 concerning membership organizations which are not exempt organizations.
   
In accordance with the provisions of Internal Revenue Code Section 6014, copies of these examination conclusions and consent to the revocation of tax exemption will be submitted to the ******* Department of Revenue at the conclusion of the examination.