- 24 - Income Tax Regs. To qualify as such, petitioner must satisfy both the responsiveness test of section 1.509(a)-4(i)(2), Income Tax Regs., and the integral part test of section 1.509(a)- 4(i)(3), Income Tax Regs. We consider each of these tests seriatim. The responsiveness test is structured to ensure that the supported organization will have the ability to influence the supporting organization, thereby ensuring that the supporting organization will be responsive to the needs of the supported organization. Cockerline Meml. Fund v. Commissioner, 86 T.C. 53, 59 (1986); Nellie Callahan Scholarship Fund v. Commissioner, 73 T.C. 626, 633 (1980); Roe Found. Charitable Trust v. Commissioner, T.C. Memo. 1989-566; sec. 1.509(a)-4(i)(2), Income Tax Regs. Under the circumstances of this case, the pertinent requirements are found in subdivisions (a) and (d) of section 1.509(a)-4(i)(2)(ii), Income Tax Regs. Subdivision (a) specifies that at least one officer, director, or trustee of the supporting organization must be appointed or elected by the supported organization. Here the administrative correspondence indicates that Mr. Gallina was appointed to petitioner’s board of directors by AEF. Petitioner also offers a proposed finding of fact to that effect, to which respondent has “No objection.” In addition, petitioner’s bylaws mandate that “one or more membersPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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