Section 7428(c) Validation of Certain Contributions
Made During Pendency of Declaratory Judgment Proceedings
This announcement serves notice to potential donors that the organization
listed below has recently filed a timely declaratory judgment suit under section
7428 of the Code, challenging revocation of its status as an eligible donee
under section 170(c)(2).
Protection under section 7428(c) of the Code begins on the date that
the notice of revocation is published in the Internal Revenue Bulletin and
ends on the date on which a court first determines that an organization is
not described in section 170(c)(2), as more particularly set forth in section
7428(c)(1). In the case of individual contributors, the maximum amount of
contributions protected during this period is limited to $1,000.00, with a
husband and wife being treated as one contributor. This protection is not
extended to any individual who was responsible, in whole or in part, for the
acts or omissions of the organization that were the basis for the revocation.
This protection also applies (but without limitation as to amount) to organizations
described in section 170(c)(2) which are exempt from tax under section 501(a).
If the organization ultimately prevails in its declaratory judgment suit,
deductibility of contributions would be subject to the normal limitations
set forth under section 170.