Fumo v. Comm’r, T.C. Memo. 2021-31 | May 17, 2021 | Lauber, J. | Dkt. No. 17614-13
Taxpayer, a state senator with 30 years of service, was convicted on Federal criminal charges, including mail and wire fraud. One victim included a 501(c)(1) & (3) organization, exempt from Federal income tax. Taxpayer influenced the tax-exempt organization’s formation as, at his direction, three members of his senatorial staff incorporated the organization for the purposes of maintaining and improving the aesthetic appearance of the taxpayer’s district. At all periods in question, at least one member of the taxpayer’s staff worked for the charity organization as either President or Executive Director while remaining employed by the Senator. Taxpayer influenced, as chairman of a senate appropriations committee, funding for the charitable entity from public and private sources.