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(e) Applicable Tax-Exempt Organization.--For
purposes of this subchapter, the term “applicable tax-
exempt organization” means--
(1) any organization which (without
regard to any excess benefit) would be
described in paragraph (3) or (4) of section
501(c) and exempt from tax under section
501(a), and
(2) any organization which was described
in paragraph (1) at any time during the 5-
year period ending on the date of the
transaction.
Such term shall not include a private foundation (as
defined in section 509(a)).
(f) Other Definitions.--For purposes of this
section--
(1) Disqualified person.--The term
“disqualified person” means, with respect to
any transaction--
(A) any person who was, at any
time during the 5-year period
ending on the date of such
transaction, in a position to
exercise substantial influence over
the affairs of the organization,
(B) a member of the family of
an individual described in
subparagraph (A), and
(C) a 35-percent controlled
entity.
(2) Organization manager.--The term
“organization manager” means, with respect to
any applicable tax-exempt organization, any
officer, director, or trustee of such
organization (or any individual having powers
or responsibilities similar to those of
officers, directors, or trustees of the
organization).
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