Lapham Foundation, Inc. - Page 29




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               With respect to the first prong set forth above, we have               
          stated that “This rule generally applies only to situations where           
          the supporting organization actually engages in activities that             
          benefit the supported organization, such as performing a specific           
          function for one or more publicly supported organizations.”  Roe            
          Found. Charitable Trust v. Commissioner, T.C. Memo. 1989-566.  In           
          a similar vein, respondent maintains that the but-for subtest               
          applies only in cases where the involvement of the supporting               
          organization extends beyond merely making grants or monetary                
          donations.  Petitioner, on the other hand, contends that                    
          “activities” in section 1.509(a)-4(i)(3)(ii), Income Tax Regs.,             
          should be construed in a manner consistent to its use elsewhere             
          in the regulations under section 509(a), with the result that the           
          term should encompass grant making.  Petitioner cites section               
          1.509(a)-4(e)(1), Income Tax Regs., which uses the word and then            
          explains:  “Such activities may include making payments to or for           
          the use of, or providing services or facilities for, individual             
          members of the charitable class benefited by the specified                  
          publicly supported organization.”                                           
               We, however, need not resolve this dispute.  Even if we were           
          to assume arguendo that grant making is properly characterized as           
          an activity for purposes of section 1.509(a)-4(i)(3)(ii), Income            
          Tax Regs., a matter which is by no means clear, the                         
          administrative record establishes that petitioner cannot satisfy            






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