IHC Care, Inc. - Page 20




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          for denying an organization's application for exemption.  See Aid           
          to Artisans, Inc. v. Commissioner, 71 T.C. 202, 208 (1978).                 
          Thus, in making our declaration, we do not engage in a de novo              
          review of the administrative record.  See Am. Campaign Acad. v.             
          Commissioner, supra at 1063; Church in Boston v. Commissioner, 71           
          T.C. 102, 105-106 (1978); Houston Lawyer Referral Serv., Inc. v.            
          Commissioner, supra at 573-574, 577.  The burden of proof is on             
          the organization to overcome the grounds for denial of the                  
          exemption set forth in the Commissioner’s determination.  See               
          Rule 217(c)(4)(A); Fla. Hosp. Trust Fund v. Commissioner, supra             
          at 146; Christian Manner Intl., Inc. v. Commissioner, 71 T.C.               
          661, 664-665 (1979); Hancock Acad. of Savannah, Inc. v.                     
          Commissioner, 69 T.C. 488, 492 (1977).                                      
               The parties do not dispute that petitioner was organized for           
          an exempt purpose within the meaning of section 501(c)(3).  The             
          dispute in this case centers on whether petitioner was operated             
          exclusively for an exempt purpose.                                          
               Section 1.501(c)(3)-1(c)(1), Income Tax Regs., provides:               
                    (c) Operational test--(1) Primary activities.  An                 
               organization will be regarded as "operated exclusively"                
               for one or more exempt purposes only if it engages                     
               primarily in activities which accomplish one or more of                
               such exempt purposes specified in section 501(c)(3).                   
               An organization will not be so regarded if more than an                
               insubstantial part of its activities is not in                         
               furtherance of an exempt purpose.                                      
          The operational test focuses on the actual purposes the                     
          organization advances by means of its activities, rather than on            





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