United Cancer Council, Inc. - Page 108

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          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 stockholder            




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