Bob Jones University Museum and Gallery, Inc. - Page 13

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          do not automatically prevent an organization from qualifying for            
          exempt status.                                                              
               Two factors in the present case weigh in petitioner’s favor.           
          First, the University controls less than 50 percent of the votes            
          on petitioner’s board of directors.  Only two of petitioner’s               
          five directors, Bob Jones and Bob Jones III, are employed by the            
          University.  Second, we agree with petitioner that the issue of             
          control would be relevant only if petitioner and the University             
          were to engage in transactions in which petitioner paid the                 
          University unreasonable amounts for goods or services.  See                 
          Bubbling Well Church v. Commissioner, 74 T.C. 531, 537 (1980)               
          (“If members of the Harberts family [which made up the entire               
          board of directors] were actually engaged in performing                     
          employment services, compensating them in reasonable amounts for            
          those services would not disqualify petitioners for exemption.”),           
          affd. 670 F.2d 104 (9th Cir. 1981).  Given that University                  
          officials do not control a majority of petitioner’s board of                
          directors and that the record does not lead us to believe that              
          petitioner will make unreasonable payments to the University, we            
          conclude that the current composition of the board does not                 
          preclude petitioner from satisfying the requirements of section             
          501(c)(3).                                                                  
               E.  Location                                                           
               Respondent contends that petitioner’s location on the                  
          University’s campus confers a private benefit on the University.            




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Last modified: May 25, 2011