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PLUMSTEAD THEATRE SOCIETY v. COMMISSIONER OF INTERNAL REVENUE

No. 81-7002.

675 F.2d 244 (1982)

PLUMSTEAD THEATRE SOCIETY, INC., Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 21, 1982.

Attorney(s) appearing for the Case

Steven Frahm, Washington, D. C., argued for appellant; John F. Murray, Acting Asst. U. S. Atty., Washington, D. C., on brief.

William J. Lehrfeld, Washington, D. C., for appellee.

Before GOODWIN and TANG, Circuit Judges, and SOLOMON, District Judge.

PER CURIAM.

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...

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