REDLANDS SURGICAL SERVICES - Page 45




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          as designated individuals, the creator or his family,                       
          shareholders of the organization, or persons controlled, directly           
          or indirectly, by such private interests.  See sec. 1.501(c)(3)-            
          1(d)(1)(ii), Income Tax Regs.  The private benefit proscription             
          inheres in the requirement that an organization operate                     
          exclusively for exempt purposes.                                            
               As stated in American Campaign Academy v. Commissioner, 92             
          T.C. 1053, 1065-1066 (1989):                                                
               When an organization operates for the benefit of                       
               private interests such as designated individuals, the                  
               creator or his family, shareholders of the                             
               organization, or persons controlled, directly or                       
               indirectly, by such private interests, the organization                
               by definition does not operate exclusively for exempt                  
               purposes.  Prohibited private benefits may include an                  
               “advantage; profit, fruit; privilege; gain; [or]                       
               interest.”  Occasional economic benefits flowing to                    
               persons as an incidental consequence of an organization                
               pursuing exempt charitable purposes will not generally                 
               constitute prohibited private benefits.  Thus, should                  
               * * * [the organization] be shown to benefit private                   
               interests, it will be deemed to further a nonexempt                    
               purpose under section 1.501(c)(3)-1(d)(1)(ii), Income                  
               Tax Regs.  This nonexempt purpose will prevent [the                    
               organization] from operating primarily for exempt                      
               purposes absent a showing that no more than an                         
               insubstantial part of its activities further the                       
               private interests or any other nonexempt purposes.                     
               [Citations and fn. ref. omitted.]                                      
               The proscription against private benefit shares common                 
          elements with, but is distinct from, the proscription against the           
          inurement of organizational earnings to private shareholders and            
          individuals, as contained in section 501(c)(3) and sections                 
          1.501(a)-1(c) and 1.501(c)(3)-1(c)(2), Income Tax Regs.  See                






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