-25- 812(d)), while the term “private shareholder or individual” appears in paragraph (4) of the same section 2055(a). We have not found any explanation of the intended difference between “stockholder” and “shareholder”, nor any reason why “stockholder” was replaced by “shareholder” in the Revenue Act of 1924. See Western Natl. Mut. Ins. Co. v. Commissioner, 102 T.C. 338, 354 (1994), affd. 65 F.3d 90 (8th Cir. 1995). Section 1.501(a)-1(c), Income Tax Regs., provides as follows: (c) “Private shareholder or individual” defined. The words “private shareholder or individual” in section 501 refer to persons having a personal and private interest in the activities of the organization. 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. United Cancer Council, Inc. v. Commissioner, 109 T.C. __, __ (1997) (slip op. at 91); People of God Community v. Commissioner, 75 T.C. 127, 133 (1980). (1) Zeve Zeve, a former president of petitioner, was petitioner’s treasurer during the years in issue. As treasurer, he was aPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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