REDLANDS SURGICAL SERVICES - Page 50




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          activities.  Petitioner’s brief states:  “The evidence in the               
          administrative file demonstrates that * * * [the Operating                  
          Partnership] has been operated in an exclusively charitable                 
          manner since 1990".  Therefore, petitioner concludes, it should             
          be deemed to operate exclusively for charitable purposes.                   
               We disagree with petitioner’s thesis.  It is patently clear            
          that the Operating Partnership, whatever charitable benefits it             
          may produce, is not operated “in an exclusively charitable                  
          manner”.  As stated by Justice Cardozo (then Justice of the New             
          York Court of Appeals), in describing one of the “ancient                   
          principles” of charitable trusts, “It is only when income may be            
          applied to the profit of the founders that business has a                   
          beginning and charity an end.”  Butterworth v. Keeler, 219 N.Y.             
          446, 449-450, 114 N.E. 803, 804 (1916).  The Operating                      
          Partnership's income is, of course, applied to the profit of                
          petitioner’s co-general partner and the numerous limited                    
          partners.10  It is no answer to say that none of petitioner’s               
          income from this activity was applied to private interests, for             
          the activity is indivisible, and no discrete part of the                    
          Operating Partnership's income-producing activities is severable            



               10 In making these observations, we are mindful that it is             
          the status of petitioner, not of the General Partnership or the             
          Operating Partnership, that is in issue.  Indeed, it is not                 
          meaningful to speak of a partnership’s exempt status, given that            
          partnerships are nontaxable entities.  See sec. 701.                        




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