- 29 - 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 satisfyPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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