- 13 - (3) an organization which–- (A) is organized, and at all times thereafter is operated, exclusively for the benefit of, to perform the func- tions of, or to carry out the purposes of one or more specified organizations described in paragraph (1) or (2), (B) is operated, supervised, or controlled by or in connection with one or more organizations, described in paragraph (1) or (2), and (C) is not controlled directly or indirectly by one or more disqualified persons (as defined in section 4946) other than foundation managers and other than one or more organizations described in paragraph (1) or (2); * * * The above provision was "designed to insure that a supported organization has the ability and motivation to properly oversee the activities of the supporting organization." Cockerline Meml. Fund v. Commissioner, 86 T.C. 53, 65 (1986). Respondent's determination is based upon petitioner's failure, as to each of the three recipients of Cuddeback funds, to meet subparagraph (B) of section 509(a)(3), which describes the nature and quality of the relationship that must exist between the supporting organization and the supported organization. See generally Quarrie Charitable Fund v. Commissioner, 603 F.2d 1274, 1278 (7th Cir. 1979), affg. 70 T.C. 182 (1978); Cockerline Meml. Fund v. Commissioner, supra at 58; Callahan Scholarship Fund v.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011