Christie E. Cuddeback and Lucille M. Cuddeback Memorial Fund - Page 9




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                  zation, thereby failing the "integral part test"                    
                  set forth in the regulations.  Consequently, your                   
                  organization does not qualify as a supporting                       
                  organization within the meaning of section                          
                  509(a)(3) of the Code.                                              
                                                                                     
                  Petitioner's attorneys filed a letter with                          
             respondent's Office of Appeals appealing the proposed                    
             adverse ruling.  In the letter, they state that                          
             petitioner's support is earmarked by the controlling                     
             document to provide "grants associated with Keswick's                    
             Adult Day Care Program", that petitioner "provides up to                 
             50 percent of the grant money provided to 100 percent of                 
             all grant recipients", that the "Keswick Day Care Program                
             is a substantial program providing day care for 139 adults               
             within the Baltimore Metropolitan area", and "without the                
             funds provided by the Cuddeback Memorial Fund, the grant                 
             program would be severely curtailed, and a significant                   
             number of individuals would be unable to receive financial               
             assistance in connection with the Adult Day Care Program".               
             The letter further states that, under section 1.509(a)-                  
             4(i)(3)(iii)(b), Income Tax Regs., in determining the                    
             attentiveness of the beneficiary organization, "the total                
             support for the day care grant program" is substituted for               
             "the total support of the beneficiary organization."  On                 
             that basis, petitioner's attorneys state "the attentiveness              







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