Lapham Foundation, Inc. - Page 27




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          and disposing of property; receiving and administering property             
          by gift, devise, or bequest; and entering into contracts.                   
          Furthermore, although petitioner currently has few assets                   
          requiring active management, respondent has not shown that                  
          principal payments on the note or additional annual                         
          contributions, etc., estimated by petitioner will not occur to              
          render the management role increasingly material.  Certain of               
          respondent’s statements also seem to conflate influence with                
          control to a degree unsupported by the regulations and caselaw.             
               Moreover, as pertains to the timing, manner, and recipients            
          of grants, petitioner indicated during the administrative process           
          that the AEF director would serve on the advisory committee of              
          the donor-advised fund and would thereby have a significant voice           
          in recommending grants.  Again, respondent has introduced nothing           
          proving to the contrary.  We further are mindful that AEF                   
          exercises final authority over distributions from the donor-                
          advised fund.  Hence, we cannot find that AEF lacks the necessary           
          ability to influence petitioner’s activities in these matters.              
          Accordingly, we conclude that petitioner’s governance and affairs           
          are structured to satisfy the responsiveness test of section                
          1.509(a)-4(i)(2)(ii), Income Tax Regs.                                      











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