Share Network Foundation - Page 6




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          petitioner did not qualify under section 501(c)(3) because it               
          failed the operational test of section 1.501(c)(3)-1(c), Income             
          Tax Regs.  On February 2, 1995, petitioner notified the                     
          Commissioner that it was appealing that determination, and                  
          approximately 6 months after that, Mr. Tully met with one of the            
          Commissioner's Appeals officers to discuss petitioner's case.  On           
          or about August 10, 1995, petitioner filed with the Commissioner            
          a second Form 1023.  Petitioner's second Form 1023 stated that              
               the primary purpose of the foundation, as stated in its                
               oroginal [sic] application for exemption, * * * [was]                  
               amended to read as follows:                                            
                    "The primary purpose of the foundation will be to                 
               raise funds for financially strap [sic] families living                
               within the immediate area of the foundation's base of                  
               operation with all funds being administered by other                   
               IRS approved 501(c)(3) charitable organizations such as                
               the Salvation Army, United Way and the Catholic                        
               Church".                                                               
               * * * the foundation will limit its currect [sic] fund                 
               raising activities to raising funds directly from its                  
               officers, directors and their immediate familites                      
               [sic], friends and business associates.                                
          The second Form 1023 did not list specifics as to petitioner's              
          operations, including the manner in which petitioner would effect           
          its primary purpose.  The second Form 1023 did not address any              
          safeguards against private inurement.                                       
               On April 9, 1996, the Commissioner mailed a letter to                  
          Mr. Tully, in his capacity as vice president of petitioner,                 
          explaining that petitioner had not yet described its operations             






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