-21- 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).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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