Court Rules Kinkade Foundation Exempt

Court Rules Kinkade Foundation Exempt

The Thomas Kinkade Foundation Charitable Trust v. United States; No. 02 cv 1973 (RMC)
News story posted in U.S. District Court on 16 March 2004| comments
audience: National Publication | last updated: 18 May 2011
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Summary

The U.S. District Court has ruled that The Thomas Kinkade Foundation Charitable Trust qualifies as a section 501(c)(3) organization effective from September 29, 1999, the date the foundation was created, and has ordered the IRS to issue a favorable determination letter.
Citation: The Thomas Kinkade Foundation Charitable Trust v. United States; No. 02 cv 1973 (RMC) 

Full Text:

THE THOMAS KINKADE
FOUNDATION CHARITABLE TRUST,
Plaintiff,

v.

UNITED STATES OF AMERICA AND
THE INTERNAL REVENUE SERVICE
Defendants.

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

ORDER OF JUDGMENT

[1] Pending before the Court are Cross-Motions for an entry of declaratory judgment filed by the Plaintiff, The Thomas Kinkade Foundation Charitable Trust ("Foundation"), and the Defendants, the United States of America and the Internal Revenue Service ("IRS"). The motions filed by the parties are substantially similar, except that the Foundation asks that certain findings of fact be included in the declaratory judgment. The Foundation asserts that such findings are necessary to overcome damage to the Foundation's reputation from media exposure. In addition, the Foundation has expressed concern that the IRS might revoke its tax exempt status, which the IRS now concedes, at some time in the future, resurrecting some of the allegations set forth in the adverse determination letter that prompted this suit.

[2] Upon consideration of these motions, the Court finds that the proposed order submitted by the United States fully meets the relief requested in he Complaint. In addition, absent a change in facts, the IRS is bound to the determinations in this order concerning the Foundation's tax status.

[3] Therefore, it is this 20th day of November, 2003, hereby

[4] ORDERED that judgment be and the same is entered in favor of the Plaintiff, The Thomas Kinkade Foundation Charitable Trust, and against the Defendant, the United States of America, under 26 U.S.C. § 7428; and it is

[5] FURTHER ORDERED that the Plaintiff is entitled to a favorable determination letter from the Internal Revenue Service recognizing that the Foundation is an organization described in ? 501(c)(3) of the Internal Revenue Code, and is exempt from taxation under § 501(a) of the Internal Revenue Code, and that the Foundation is an organization described in § 509(a)(3) of the Internal Revenue Code, within thirty (30) days of the entry of this Order, effective as of the date the Foundation was created, namely September 29, 1999.

[6] SO ORDERED.

/s/ ROSEMARY M. COLLYER
United States District Judge

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