Variety Club Tent No. 6 Charities, Inc. - Page 21

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               In order to be described in section 501(c)(3),8 an                     
          organization must meet all of the following criteria:  (1) it               
          must be both (a) organized and (b) operated, exclusively9 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             
          individual; (3) no substantial part of its activities may consist           

               8  Sec. 501(c)(3) provides, in pertinent part, as follows:             
               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 * * * 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                      
                    distributing of statements), any political campaign on            
                    behalf of any candidate for public office.                        
          The later amendment of this provision by sec. 10711(a)(2) of the            
          Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203, 101             
          Stat. 1330, 1330-464, does not affect the instant case.                     
               9    “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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