- 13 - each must be present for income to be UBTI. Here, we shall focus our attention on the third element; namely, whether the leasing of museum spaces was substantially related to the Museum's exempt purpose. An activity is substantially related to an organization's exempt purposes where the performance of the activity has a substantial causal relationship to the achievement of the exempt purposes. Sec. 1.513-1(d)(2), Income Tax Regs. The activity must contribute importantly to the accomplishment of those pur- poses. Id. This determination is based upon all of the facts and circumstances surrounding the activity. Id. In evaluating the substantial relationship, we focus our inquiry on the manner in which the Museum conducts its activi- ties. United States v. American College of Physicians, 475 U.S. 834, 848-849 (1986). Specifically, we will determine whether the manner in which the Museum leased the building spaces to the public manifests an intent to further its exempt purposes or whether that manner indicates an intent to merely raise revenue. National League of Postmasters of the United States v. Commis- sioner, T.C. Memo. 1995-205, affd. 86 F.3d 59 (4th Cir. 1996). We begin by noting that the amount of revenue involved for each year is not significant. More importantly, the revenues earned by the Museum from this activity barely exceeded the related expenses, and in some years the Museum actually suffered losses. This fact lends credence to the Museum's argument that thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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