- 94 - the activities of the organization. See sec. 1.501(c)(3)-1(c)(2), Income Tax Regs. This definition is unchanged from Regs. 65, art. 517 (1924), except that the older regulations use “individuals” and “corporation”, instead of “persons” and “organization”, respectively. Art. 517 of Regs. 65 is essentially similar to Regs. 45, art. 517 (1920). In general, the case law appears to have drawn a line between those who have significant control over the organization’s activities and those who are unrelated third parties. People of God Community v. Commissioner, 75 T.C. 127, 133 (1980). We proceed to consider whether, and if so then to what extent, W&H controlled petitioner’s activities. On the one hand, neither W&H nor Watson nor Hughey was a director or officer of petitioner, nor did any of them have a formal voice in the selection of any director or officer of petitioner. On the other hand, in exchange for (a) funds to keep petitioner operational and get it past its 1984 financial crisis and (b) fundraising services, W&H received (1) compensation, (2) effectively exclusive control over petitioner’s fundraising activities, including supposedly separate computer activities, and (3) substantial control over petitioner’s finances. The amounts that W&H would advance for petitioner’s operational costs and as capital for petitioner’s fundraising costs were notPage: Previous 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Next
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