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contribution” to mean a contribution or gift to or for the use of
certain types of organizations enumerated thereunder. With a few
minor differences, the organizations and requirements listed in
section 170(c)(2) are virtually identical to those described in
section 501(c)(3). In view of the nearly identical statutory
language, the courts have applied many of the same standards in
interpreting section 170(c)(2) and section 501(c)(3). See Bob
Jones University v. United States, 461 U.S. at 586-587. For
24(...continued)
(2) A corporation * * *--
(A) created or organized in the United States
or in any possession thereof, or under the law of
the United States, any State, the District of
Columbia, or any possession of the United States;
(B) organized and operated exclusively for *
* * charitable, scientific, * * * or educational
purposes * * * ;
(C) no part of the net earnings of which
inures to the benefit of any private shareholder
or individual; and
(D) which is not disqualified for tax
exemption under section 501(c)(3) by reason of
attempting to influence legislation, and which
does not participate in, or intervene in
(including the publishing or distributing 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)(1) of 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.
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