- 6 - operated as a section 501(c)(3) organization. The operational test requires the activities of an organization to be primarily those that accomplish an exempt purpose as described in section 501(c)(3). See sec. 1.501(c)(3)-1(c)(1), Income Tax Regs. A single substantial nonexempt purpose will disqualify an organization despite the importance of its exempt purpose. See Better Business Bureau v. United States, 326 U.S. 279, 283 (1945). If an organization serves private rather than public interests, it also will not meet the operational test. See sec. 1.501(c)(3)-1(d)(1)(ii), Income Tax Regs. Petitioner contends that it operates exclusively for one or more exempt purposes within the meaning of section 501(c)(3) and does not further private interests. In support of this assertion, petitioner relies on Hutchinson Baseball Enters., Inc. v. Commissioner, supra at 155-156, which held that the promotion of amateur baseball is an exempt purpose. Respondent argues that petitioner does not qualify under section 501(c)(3) because more than an insubstantial part of the activities of petitioner furthers nonexempt social and recreational interests of its members. Respondent relies on the similarities of this case to Media Sports League, Inc. v. Commissioner, T.C. Memo. 1986-568, which denied exempt status to an amateur sports league. Section 501(c)(3) exempt purposes are those of a charitable character and are not limited to the classifications enumeratedPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011