Variety Club Tent No. 6 Charities, Inc. - Page 23

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                    (2) Whether any of the following constituted an                   
               inurement of petitioner’s net earnings to an insider--                 
                         (a) diversions of bingo game proceeds,                       
                         (b) amounts paid to attorneys Climaco and Zerbini,           
                         (c) a $2,500 check payable to the order of Ohio              
                    Boys Town, and                                                    
                         (d) rental fees paid in connection with                      
                    petitioner’s bingo games in the Center.                           
          A. Zeve, Popovic, or Vecchio as an Insider                                  
               In order for an organization to qualify for exemption under            
          section 501(c)(3), no part of the organization’s net earnings may           
          inure to the benefit of any private shareholder or individual.              
          Sec. 501(c)(3).                                                             
               A “private shareholder or individual” is broadly defined as            
          any person having a personal and private interest in the                    
          activities of the organization.  Sec. 1.501(a)-1(c), Income Tax             
          Regs.  Such private shareholders or individuals are sometimes               
          referred to for convenience as “insiders”.  See American Campaign           
          Academy v. Commissioner, 92 T. C. at 1066; Sound Health                     
          Association v. Commissioner, 71 T.C. 158, 185-186 (1978).                   
               On opening brief respondent contends that Zeve, Popovic, and           
          Vecchio were insiders with respect to petitioner.  However, on              
          answering brief respondent refers only to Zeve and Popovic.                 
          Petitioner contends that Zeve, Popovic, and Vecchio are not                 
          insiders with respect to petitioner.                                        




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