- 47 - The proscription against private benefit corresponds to a similar proscription in the law of charitable trusts. “A trust is not a charitable trust if the property or the income therefrom is to be devoted to a private use.” 2 Restatement, Trusts 2d, sec. 376 (1959). An organization’s property may be impermissibly devoted to a private use where private interests have control, directly or indirectly, over its assets, and thereby secure nonincidental private benefits. For instance, in est of Hawaii v. Commissioner, 71 T.C. 1067 (1979), several for-profit ‘est’ organizations that had no formal structural control over the nonprofit entity in question nevertheless exerted "considerable control" over its activities. The for-profit organizations set fees that the nonprofit charged the public for training sessions, required the nonprofit to carry on certain types of educational activities, and provided management personnel paid for and responsible to one of the for- profits. Under a licensing agreement with the for-profits, the nonprofit was allowed to use certain intellectual property for 10 years, and at the end of the licensing agreement, all copyrighted material, including new material developed by the nonprofit, was required to be turned over to the for-profits. The nonprofit was required to use its excess funds for the development of ‘est’ or related research. The for-profits also required that trainers and local organizations sign an agreement not to compete withPage: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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