Anclote Psychiatric Center, Inc. - Page 18

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            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 to                            






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