Christie E. Cuddeback and Lucille M. Cuddeback Memorial Fund - Page 16




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                  (2) Responsiveness test.  (i) For purposes of                       
                  this paragraph, a supporting organization will                      
                  be considered to meet the "responsiveness test"                     
                  if the organization is responsive to the needs or                   
                  demands of the publicly supported organizations                     
                  within the meaning of this subparagraph.  In                        
                  order to meet this test, either subdivision (ii)                    
                  or subdivision (iii) of this subparagraph must be                   
                  satisfied.                                                          
                  *       *       *       *       *       *       *                   
                       (iii)(a) The supporting organization is a                      
                  charitable trust under State law;                                   
                       (b) Each specified publicly supported                          
                  organization is a named beneficiary under such                      
                  charitable trust's governing instrument; and                        
                       (c) The beneficiary organization has the                       
                  power to enforce the trust and compel an                            
                  accounting under State law.                                         

                  In this case, petitioner is a charitable trust under                
             the law of the State of Maryland.  Keswick, the publicly                 
             supported organization, is a named beneficiary under the                 
             second codicil, and it has the power to enforce the trust                
             and compel an accounting under the law of the State of                   
             Maryland.  See Md. Code Ann., Est. & Trusts, sec. 14-301                 
             (2001).  Thus, petitioner meets section 1.509(a)-                        
             4(i)(2)(iii), Income Tax Regs., and, accordingly, meets                  
             the responsiveness test as to Keswick.  See generally                    
             Callahan Scholarship Fund v. Commissioner, supra at 634-                 
             637.  Respondent does not contend otherwise.                             
                  The integral part test, prescribed by section                       
             1.509(a)-4(i)(3), Income Tax Regs., is designed to ensure                
             that the supporting organization maintains a significant                 





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