-30- the Congress intended that the term mean, or what the Congress intended that the term not mean. The boundaries of the term “inures” have thus far defied precise definition. As respondent points out, petitioner’s suggestion that inurement means the intentional conferring of a benefit cannot be allowed to mean that there is no inurement unless “all the organizations’ officers and board members have actual knowledge of, and affirmatively act to cause, the prohibited benefit.” By the same token, we do not believe that the Congress intended that a charity must lose its exempt status merely because a president or a treasurer or an executive director of a charity has skimmed or embezzled or otherwise stolen from the charity, at least where the charity has a real-world existence apart from the thieving official. We conclude that petitioner had such a real-world existence, see supra tables 1 and 2, and that Zeve’s and Popovic’s thefts from petitioner were not inurements of petitioner’s net earnings. We hold for petitioner on this issue. (2A) Attorney’s Fees--Climaco Respondent notes that petitioner paid $10,000 to Climaco on November 28, 1986, that a complaint was filed against petitioner, Zeve, Popovic, and Wilkens on May 11, 1987, and that Climaco 10(...continued) 12 Harv. L. Rev. 417, 419 (1899). (“We do not inquire what the legislature meant; we ask only what the statute means.”)Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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