- 14 - 512(a)(3)(E)(i) is “plainly restricted to only set-asides for the payment of benefits described in I.R.C. �512(a)(3)(B)(ii), and thus, its application does not extend to Exempt Function Income arising from member contributions, set-asides for charitable purposes, or administrative costs.” Respondent counters that reasonable costs of administration directly connected with a purpose described in section 512(a)(3)(B)(i) or (ii) do not constitute an independent source or component of exempt function income under section 512(a)(3)(B). In support of that position, respondent argues: It is clear the statute [section 512(a)(3)(B)] is written so that the reasonable cost of administration phrase did not have to be written twice, that is once after clause (i) and again after clause (ii). This is a common drafting technique used throughout the Inter- nal Revenue Code. * * * Another way of describing exempt function income is income set-aside [sic] for a purpose specified in section 170(c)(4) including administrative costs di- rectly connected with this purpose or, in the case of an organization described in paragraph (9), (17), or (20) of section 501(c), to provide for the payment of life, sick, accident, or other benefits, including reasonable costs of administration directly connected with this purpose. This is the clear meaning of this section [512(a)(3)(B)]. Accordingly, administrative costs are a part of the benefit costs which may be set- aside [sic] under clauses (i) and (ii) of I.R.C. � 512(a)(3)(B), not a separate component thereof. We first address the premises of the Trustee’s position under section 512(a)(3)(E)(i), namely, its contentions that the plain language of section 512(a)(3)(B) identifies four sources or components of exempt function income and that one of thosePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011