- 18 - In the notice of deficiency, respondent calculated petitioner's taxable income as follows: 1984 1985 1986 1987 1988 Gross income $592,299 $453,356 $308,705 $245,814 $329,843 Operating expense (159,309) (137,236) (77,449) (83,021) (105,367) Charitable (43,299) (31,612) (23,126) (16,279) (22,448) contributions Total $389,691 $284,508 $208,130 $146,514 $202,028 In determining petitioner's taxable income, respondent disallowed the deductions reflected on petitioner's Forms 990 for assistance to individuals and payments to the FPCF. Respondent treated petitioner's grants to organizations as charitable contributions but limited those deductions to 10 percent of taxable income. OPINION Section 501(c)(3) requires, among other things, that an organization be operated exclusively for one or more specified purposes and that no part of the net earnings of the organization "inures to the benefit of any private shareholder or individual". See also sec. 1.501(c)(3)-1(c)(1), Income Tax Regs. An organization is not operated exclusively for an exempt purpose unless it serves a public rather than a private interest. Sec. 1.501(c)(3)-1(d)(1)(ii), Income Tax Regs. An organization is not operated exclusively for one or more exempt purposes if its net earnings inure in whole or in part to the benefit of private shareholders or individuals. Sec. 1.501(c)(3)-1(c)(2), Income Tax Regs. The words "private shareholder or individual" refer toPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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