Bob Jones University Museum and Gallery, Inc. - Page 16

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               We find problematic and reject the notion that enhancement             
          of another entity’s “educational and spiritual reputation” may              
          preclude exempt status.  Respondent has not cited, nor have we              
          found, any cases supporting her position.                                   
               G.  Cumulative Effect of These Factors                                 
               Ultimately, respondent concedes that “most of the individual           
          factors * * * may not appear to result in more than incidental              
          private benefit” but contends that the “cumulative effect” of               
          these factors creates a private benefit.  We disagree.  Based on            
          our review of the record, we conclude that petitioner satisfies             
          the requirements of section 501(c)(3) in substance as well as in            
          form.  Petitioner is a museum, open to the public free of charge,           
          that displays what petitioner claims is one of the greatest                 
          collections of religious art in the Western Hemisphere.                     
          Respondent has not challenged this claim.  With respect to all              
          financial dealings between petitioner and the University,                   
          respondent has conceded that petitioner is paying the University            
          fair market value or less.  While there is no doubt that the                
          University receives certain benefits from petitioner's existence,           
          these benefits are merely incidental.                                       
          III.  Conclusion                                                            
               Respondent’s arguments ultimately lead to the conclusion               
          that a taxable corporation could never spin off a tax-exempt                
          organization and conduct subsequent financial dealings with it.             
          Because funds raised by a tax-exempt organization generally come            




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Last modified: May 25, 2011