- 92 - assets or activities was delegated to W&H, petitioner’s board of directors exercised due diligence in supervising W&H’s actions. Mailers contends that, if a charity and an “outsider” negotiate a contract at arm’s length, then the contract does not make that person an insider for inurement purposes with respect to that contract. The contract between petitioner and W&H was negotiated at arm’s length and was “market rate”, Mailers asserts, and so W&H was not an insider and there was no inurement to W&H. American-Sector contends that “the case law often labors to craft metaphysical distinctions between these requirements”--the ban on “private inurement”, the ban on “private benefit”, and the general requirement that a charity be organized and operated “exclusively for an exempt purpose”. We agree with respondent’s conclusion. The term “private shareholder or individual” appears at present in sections 170(c) (three places), 501(c) (eight places), 528(c)(1)(D), 833(c)(3)(A)(vi), 2055(a), 2522 (four places), and 4421(2)(B). This term has been unchanged since the Revenue Act of 1924, Pub. L. 176, 68th Cong., 1st. Sess., ch. 234, 43 Stat. 253, 271, 282. The Revenue Act of 1921, Pub. L. 98, 67th Cong., 1st Sess., ch. 136, 42 Stat. 227, 241, 253, used the term “private stockholder or individual”, as did the prior Revenue Acts back to the Tariff Act of 1913, Pub. L. 16, 63d Cong., 1st. Sess., ch. 16, 38 Stat. 114, 172. The term “private stockholderPage: Previous 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Next
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