Christie E. Cuddeback and Lucille M. Cuddeback Memorial Fund - Page 23




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             to petitioner, this "shows a great likelihood that the                   
             degree of attentiveness * * * required by the regulation                 
             will be present."  Petitioner also argues that Keswick's                 
             correspondence shows its "attentiveness to and reliance                  
             upon the supporting organization".  Lastly, petitioner                   
             points out that under section 6104(d) Keswick is entitled                
             to obtain a copy of petitioner's annual return, which shows              
             a detailed listing of all of petitioner's investments and                
             its investment return.                                                   
                  Respondent's position is that petitioner is not a                   
             supporting organization because it has not shown that it                 
             has a relationship with Keswick or any other publicly                    
             supported organization described by section 509(a)(3)(B).                
             Specifically, respondent contends that petitioner is not                 
             "operated in connection with" Keswick or any other publicly              
             supported organization because petitioner does not meet                  
             the "integral part test" described by section 1.509(a)-                  
             4(i)(3)(iii), Income Tax Regs.                                           
                  Respondent agrees that petitioner's support is                      
             earmarked for a particular program or activity of Keswick,               
             raising a question whether the exception for earmarked                   
             funds, section 1.509(a)-4(i)(3)(iii)(b), Income Tax Regs.,               
             is applicable.  Contrary to petitioner's contention,                     
             respondent argues that petitioner has not made the showing,              
             required under section 1.509(a)-4(i)(3)(iii)(b), Income Tax              
             Regs., that Keswick would be sufficiently attentive to the               





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