- 23 - 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 thePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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