- 12 -
In due course, respondent determined in a
final adverse ruling that petitioner failed to qualify
as a nonprivate foundation under section 509(a)(3).
According to the final adverse determination letter, the
determination is based upon the fact that "You have failed
to establish that you meet the requirements for exemption
under section 509(a)(3) of the Internal Revenue Code." In
response, petitioner timely filed the instant petition for
declaratory judgment with the Court.
Discussion
The issue for decision in this case is whether
petitioner is an organization described by section
509(a)(3), a so-called supporting organization, one type
of section 501(c)(3) organization that is excepted from
treatment as a private foundation. See sec. 509(a). In
order to qualify as a supporting organization, an entity
must satisfy the three requirements set forth in section
509(a)(3). Section 509(a)(3) provides, in pertinent part,
as follows:
SEC. 509. PRIVATE FOUNDATION DEFINED
(a) General Rule.--For purposes of this
title, the term "private foundation" means a
domestic or foreign organization described in
section 501(c)(3) other than-–
* * * * * * *
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: May 25, 2011