Plumstead Theatre Society, Inc. v. Commissioner of Internal Revenue

The Commissioner appeals the Tax Court’s ruling that Plumstead Theatre Society, Inc. is organized and operated exclusively for charitable and educational purposes under I.R.C. '•§ 501(c), 26 U.S.C. § 501 (c)(3), notwithstanding its participation in a limited partnership with investors who would have made a profit if the undertaking had not lost money.

The facts, as stated in 74 T.C. 1324 (September 18, 1980) are substantially as follows:

In order to meet its obligations under the agreement with the Kennedy Center regarding the shared capitalization costs of the First Monday in October venture, Plum-stead sold a portion of its rights in the production to outside investors through a limited partnership. The limited partners, two individuals and a for-profit corporation, provided capital in exchange for an interest in the profits of First Monday in October.

The Commissioner abandoned at trial his initial argument that Plumstead’s net earnings inure to the benefit of private individuals. The issue on appeal is whether the Tax Court erred when it found as a fact that Plumstead is not operated for the benefit of private individuals in violation of 26 C.F.R. § 1.501…