- 13 - services was substantially related to its tax-exempt purpose as an agricultural organization under section 501(c)(5). For a substantial relationship to exist, the activity that produces the income “must contribute importantly to the accomplishment of * * * [the organization’s exempt] purposes.” Sec. 1.513-1(d)(2), Income Tax Regs. The regulations describe the type of relationship that qualifies as substantial: Trade or business is “related” to exempt purposes, in the relevant sense, only where the conduct of the business activities has causal relationship to the achievement of exempt purposes (other than through the production of income); and it is “substantially related,” for purposes of section 513, only if the causal relationship is a substantial one. * * * [Sec. 1.513-1(d)(2), Income Tax Regs.] The substantial relationship requirement focuses upon the manner in which the tax-exempt organization conducts its activities. United States v. American College of Physicians, 475 U.S. 834, 848-849 (1986). In cases involving business leagues, courts have identified two factual elements that are important to the substantial relationship determination: (1) Whether the activities in question are “unique” to the organization’s tax-exempt function, and (2) whether the activities benefit the common business interest of an organization’s membership or the industry as a whole and not just members in their individual capacities. Professional Ins. Agents of Mich. v. Commissioner, 726 F.2d 1097,Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011