Christie E. Cuddeback and Lucille M. Cuddeback Memorial Fund - Page 26




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             program.  They also disagree about the meaning of the term               
             "interruption" as used in the regulation.  Finally, they                 
             disagree about whether the adult daycare program or the                  
             grant program is a "substantial" program or activity of                  
             Keswick, as required by section 1.509(a)-4(i)(3)(iii)(b),                
             Income Tax Regs.                                                         
                  On the basis of our review of the administrative                    
             record, we do not believe that it has been demonstrated                  
             that Keswick will be sufficiently attentive to petitioner's              
             operations in order to avoid an "interruption" of either                 
             the adult daycare program or a program to provide grants to              
             needy participants in that program.  Furthermore, while the              
             daycare program with "Actual (Projected)" revenues of                    
             $640,775 and direct and indirect costs of $1,140,568 in                  
             fiscal year 2000 appears to be a substantial program, there              
             is not sufficient information in the administrative record               
             to make the same finding about the grant program.                        
                  The information about Keswick in the administrative                 
             record of this case is sketchy.  We know that Keswick                    
             conducts a domiciliary nursing care program which is its                 
             primary program or activity, and we know that it conducts                
             a daycare program through its adult day services center.                 
             The record provides little or no specific information about              
             the domiciliary program, such as how many individuals are                
             served by the program, what services are provided to                     
             participants in the program, what revenues are realized                  





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