REDLANDS SURGICAL SERVICES - Page 46




                                       - 46 -                                         
          American Campaign Academy v. Commissioner, supra at 1068.  The              
          proscription against private benefit encompasses not only                   
          benefits conferred on insiders having a personal and private                
          interest in the organization, but also benefits conferred on                
          unrelated or disinterested persons.  See id.; Christian                     
          Stewardship Assistance, Inc. v. Commissioner, 70 T.C. 1037                  
          (1978).                                                                     
               The mere fact that an organization seeking exemption enters            
          into a partnership agreement with private parties that receive              
          returns on their capital investments does not establish that the            
          organization has impermissibly conferred private benefit.  The              
          question remains whether the organization has a substantial                 
          nonexempt purpose whereby it serves private interests.  Compare             
          Plumstead Theatre Socy., Inc. v. Commissioner, 675 F.2d 244 (9th            
          Cir. 1982), affg. per curiam 74 T.C. 1324 (1980) (a nonprofit               
          arts organization furthered its charitable purposes by                      
          participating as sole general partner in a partnership with                 
          private parties to produce a play), with Housing Pioneers, Inc.             
          v. Commissioner, 49 F.3d 1395 (9th Cir. 1995), affg. T.C. Memo.             
          1993-120 (a nonprofit corporation’s participation as co-general             
          partner in low-income housing partnerships, structured to trade             
          off its tax exemption to secure tax benefits for its for-profit             
          partners, had a substantial nonexempt purpose and impermissibly             
          served private interests).                                                  






Page:  Previous  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  Next

Last modified: May 25, 2011