United Cancer Council, Inc. - Page 102

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          organization must meet all of the following criteria:  (1) it               
          must be both (a) organized and (b) operated, exclusively23 for              
          certain specified exempt purposes, including charitable,                    
          educational, and scientific purposes; (2) no part of its net                
          earnings may inure to the benefit of any private shareholder or             


               22(...continued)                                                       
               SEC. 501. EXEMPTION FROM TAX ON CORPORATIONS, CERTAIN                  
               TRUSTS, ETC.                                                           
                             *   *   *   *   *   *   *                                
                    (c) List Of Exempt Organizations.--The following                  
               organizations are referred to in subsection (a):                       
                         *   *   *   *   *   *   *                                    
                         (3) Corporations * * * organized and operated                
                    exclusively for * * * charitable, scientific, * * * or            
                    educational purposes * * *, no part of the net earnings           
                    of which inures to the benefit of any private                     
                    shareholder or individual, no substantial part of the             
                    activities of which is carrying on propaganda, or                 
                    otherwise attempting, to influence legislation, * * *             
                    and which does not participate in, or intervene in                
                    (including the publishing or distribution of                      
                    statements), any political campaign on behalf of (or in           
                    opposition to) any candidate for public office.                   
          The text includes an amendment made by sec. 10711(a)(2) of the              
          Omnibus Budget Reconciliation Act of 1987 (OBRA 87), Pub. L. 100-           
          203, 101 Stat. 1330, 1330-464.  This amendment applies to                   
          activities after Dec. 22, 1987, the date of the enactment of the            
          Act.  This amendment relates only to political campaigns, and so            
          does not affect the instant case.                                           
               23   “Exclusively”, in this context, means that there is no            
          nonexempt purpose that is “substantial in nature”.  Better                  
          Business Bureau v. United States, 326 U.S. 279, 283 (1945);                 
          Living Faith, Inc. v. Commissioner, 950 F.2d 365, 370 (7th Cir.             
          1991), affg. T.C. Memo. 1990-484; Stevens Bros. Foundation, Inc.            
          v. Commissioner, 324 F.2d 633, 638 (8th Cir. 1963), affg. on this           
          issue 39 T.C. 93, 109 n.10 (1962).                                          




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