- 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