- 12 - for use in lieu of the 15-year term instrument and incorporating reference to mortgage security and protection against other liens. By letter dated December 18, 2000, respondent issued a final adverse ruling regarding petitioner’s status as a private foundation. The letter stated: This ruling is made for the following reason(s): You fail to meet the “attentiveness test” under the integral part test found under section 1.509(a)- 4(i)(3)(iii) of the Income Tax Regulations. You fail to meet the test for control by disqualified persons set forth in section 1.509(a)- 4(j)(1) of the Regulations. Your primary asset is a promissory note secured by assets of a corporation controlled by disqualified persons and the income of which is payable by that same corporation. Disqualified persons are in a position to control you by means of the power they exercise, through their corporation, with respect to your primary asset. Discussion I. General Rules Section 509(a) defines a private foundation as any organization described in section 501(c)(3) except those excluded under section 509(a)(1) through (4). Paragraphs (1) and (2) of section 509(a) detail what are referred to as publicly supported entities, sec. 1.509(a)-4(a)(5), Income Tax Regs., and encompass religious, educational, medical, and governmental entities and institutions which receive substantial public support. ParagraphPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011