- 9 - An organization is not organized or operated exclusively for one or more of the purposes specified in * * *[section 501(c)(3)] unless it serves a public rather than a private interest. Thus, * * * it is necessary for an organization to establish that it is not organized or operated for the benefit of private interests * * * Private interests within the meaning of this rule may include not only related persons and insiders but also unrelated and disinterested private parties. See Am. Campaign Acad. v. Commissioner, supra at 1068-1069. If the unrelated and disinterested third party is a charitable class, bestowing of benefits on that class will not be grounds for denying the exemption. See Aid to Artisans, Inc. v. Commissioner, 71 T.C. 202, 208, 212-213 (1978). However, if the disinterested third party is not a charitable class, benefits bestowed on the third party, if substantial and not incidental, will be sufficient to cause the exemption to be denied. See Am. Campaign Acad. v. Commissioner, supra at 1068; Christian Stewardship Assistance, Inc. v. Commissioner, 70 T.C. 1037 (1978). Car and truck manufacturers, who will receive the prize, are not members of a charitable class. Cf. Aid to Artisans, Inc. v. Commissioner, supra at 215. After examining the administrative record, we have no reasonable basis, other than speculation by petitioner, to conclude that the poor and distressed or any other charitable class would receive any benefit from the activity proposed. We conclude that the administrative record fullyPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011