- 13 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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