Opinion
Civil Action No. 02 cv 1973 (RMC)
November 20, 2003
ORDER OF JUDGMENT
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.
Upon consideration of these motions, the Court finds that the proposed order submitted by the United States fully meets the relief requested in the Complaint. In addition, absent a change in facts, the IRS is bound to the determinations in this order concerning the Foundation's tax status.
Therefore, it is this 20th day of November, 2003, hereby
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
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.
SO ORDERED.