- 6 - Sec. 1.501(c)(3)-1(d)(1)(ii), Income Tax Regs. To meet this requirement, the organization must demonstrate that it is not * * * operated for the benefit of private interests such as designated individuals, the creator or his family, shareholders of the organization, or persons controlled, directly or indirectly, by such private interests. Id. Under the operational test, the organization's purpose, rather than the nature of its activities, determines whether the organization is entitled to tax-exempt status. B.S.W. Group, Inc. v. Commissioner, 70 T.C. 352, 356-357 (1978). Even an organization engaged in only one activity may have multiple purposes for that activity. Copyright Clearance Center, Inc. v. Commissioner, 79 T.C. 793, 803 (1982). A single nonexempt purpose, if substantial in nature, will disqualify an organization from qualification under section 501(c)(3). Better Business Bureau v. United States, 326 U.S. 279, 283 (1945). Determining the purpose of the organization is a factual question which concerns "both the actual as well as the stated purposes for the existence of the organization and the activities it engages in to accomplish those purposes." Christian Manner International, Inc. v. Commissioner, 71 T.C. 661, 668 (1979). Petitioner's case is factually similar to P.L.L. Scholarship Fund v. Commissioner, 82 T.C. 196 (1984). In that case, the taxpayer was a nonprofit corporation formed to raise money forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011