Lapham Foundation, Inc. - Page 24




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          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 members             






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