Christie E. Cuddeback and Lucille M. Cuddeback Memorial Fund - Page 22




                                       - 22 -                                         
                  of service to at least one half of needy grant                      
                  recipients, the ultimate beneficiaries served.                      

                  Thus, petitioner bases its argument that Keswick will               
             be sufficiently attentive to petitioner's operations in                  
             order to prevent an "interruption" in the grant program on               
             the fact that it contributes 50 percent of the discount                  
             offered by Keswick to certain participants in the                        
             daycare program and on the supposition that 50 percent of                
             those recipients would be unable to participate in the                   
             program if petitioner's funds were not available.  In this               
             connection, petitioner argues that the term "interruption",              
             simply means conducting the program in a different manner                
             or degree rather than a complete cessation of the program.               
                  Petitioner also argues that the grant program "is                   
             certainly substantial in relation to the adult day care                  
             program."  In this connection, petitioner points out that,               
             of the 139 individuals who were served in the adult daycare              
             program in 1999, "22% received grants".  Petitioner also                 
             points out that the amount contributed in 1999 was $27,236,              
             "not an unsubstantial sum".                                              
                  Finally, petitioner argues that the factors for                     
             determining attentiveness which are enumerated in section                
             1.509(a)-4(i)(3)(iii)(d), Income Tax Regs., weigh heavily                
             in its favor.  Petitioner points out that it has made                    
             distributions to Keswick for 7 years and that such                       
             distributions provide 50 percent of all grants.  According               





Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: May 25, 2011