- 50 - 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.Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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