Christie E. Cuddeback and Lucille M. Cuddeback Memorial Fund - Page 13




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                            (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.                  






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