Christie E. Cuddeback and Lucille M. Cuddeback Memorial Fund - Page 14




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             Commissioner, 73 T.C. 626, 632 (1980); Roe Found.                        
             Charitable Trust v. Commissioner, T.C. Memo. 1989-566.  In               
             order to satisfy section 509(a)(3)(B) the organization must              
             be one which is:  (1) Operated, supervised, or controlled                
             by; (2) supervised or controlled in connection with; or (3)              
             operated in connection with, one or more publicly supported              
             beneficiary organizations.  See sec. 1.509(a)-4(f)(2),                   
             Income Tax Regs.  According to section 1.509(a)-4(f)(3),                 
             Income Tax Regs., any relationship described in section                  
             509(a)(3)(B) must ensure that                                            

                  (i) The supporting organization will be respon-                     
                  sive to the needs or demands of one or more                         
                  publicly supported organizations; and                               
                  (ii) The supporting organization will con-                          
                  stitute an integral part of, or maintain a                          
                  significant involvement in, the operations of                       
                  one or more publicly supported organizations.                       

                  Petitioner argues that it satisfies the third rela-                 
             tionship described by section 509(a)(3)(B), the "operated                
             in connection with" relationship, as to Keswick.  See                    
             generally sec. 1.509(a)-4(i), Income Tax Regs.  Under this               
             relationship, it is not necessary for one organization to                
             control the other, or for a third party to control both,                 
             but it is necessary for there to be a sufficient connection              
             between the two organizations.  Because this is the least                
             intimate of the three types of relationship, the regulation              
             imposes a stringent two-part test that must be met in order              






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