Lapham Foundation, Inc. - Page 32




                                       - 32 -                                         
               In addition, a substantial amount of the total support of              
          the supporting organization must go to those publicly supported             
          organizations which meet the attentiveness requirement.  Sec.               
          1.509(a)-4(i)(3)(iii)(a), Income Tax Regs.                                  
               The phrase “substantially all of its income”, as used in the           
          integral part test, has been interpreted to mean 85 percent or              
          more of net income.  Rev. Rul. 76-208, 1976-1 C.B. 161 (stating             
          that the terminology should be given the same meaning as in sec.            
          53.4942(b)-1(c), Foundation Excise Tax Regs.).  Since petitioner            
          has indicated that it will distribute at least 85 percent of its            
          net annual income, we focus on the further criteria intended to             
          cultivate attentiveness.                                                    
               With respect to the first method for ensuring attentiveness,           
          support significant in amount relative to the beneficiary’s total           
          support is generally the defining characteristic.  Sec. 1.509(a)-           
          4(i)(3)(iii)(d), Income Tax Regs.  By this standard, we conclude            
          that petitioner’s proposed contributions to AEF do not rise to              
          the requisite level.  Anticipated annual contributions of                   
          approximately $7,600 from petitioner, when measured against the             
          total annual contributions received by AEF of more than $7                  
          million, are not sufficient to guarantee attentiveness.4                    



               4 Although it is unclear how petitioner’s proposed “pledge”            
          of $207,733 would factor into the support calculation, we are               
          satisfied that its impact would not be material for purposes of             
          our conclusion on this issue.                                               





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

Last modified: May 25, 2011