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AIRLIE FOUNDATION v. I.R.S.

No. CIV.A.02-0785(EGS).

283 F.Supp.2d 58 (2003)

AIRLIE FOUNDATION, Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant.

United States District Court, District of Columbia.

September 24, 2003.

Attorney(s) appearing for the Case

Frank J. Costello, Esquire, Zuckert Scoutt & Rasenberger, LLP, Washington.

Angelo A. Frattarelli, Esquire, United States Department of Justice, Tax Division, Washington.

MEMORANDUM OPINION AND ORDER

SULLIVAN, District J.

Introduction

Plaintiff in this case, Airlie Foundation ("Airlie")seeks a declaratory judgment against defendant, the Internal Revenue Service ("IRS") under section 7428 of the Internal Revenue Code of 1986 (26 U.S.C. § 7428) as amended (the "Code" or "IRC"), that it (i)is an organization described in sections 170(c) and 501(c)(3) of the Code; (ii) is not a private foundation pursuant to section...

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