- 8 - thereafter, the petition was deemed timely. Id. at 163, 167. Similarly, petitioner received the notice of determination only after respondent sent a second notice by certified mail to petitioner’s counsel on June 14, 2005. The petition was filed within 90 days thereafter and, accordingly, was timely. B. Whether Petitioner Is Entitled to Exempt Status 1. Statutory Provisions An organization that is organized and operated exclusively for charitable purposes, as described in section 501(c)(3), is exempt from Federal income tax unless exemption is denied under section 502 or 503. Sec. 501(a). The central issue in this case is whether petitioner’s exemption is denied under section 502, which deals with so-called feeder organizations. Section 502(a) provides: SEC. 502(a). General Rule.--An organization operated for the primary purpose of carrying on a trade or business for profit shall not be exempt from taxation under section 501 on the ground that all of its profits are payable to one or more organizations exempt from taxation under section 501. Section 502(b) excludes various types of activities from the term “trade or business”. Of particular relevance here is section 502(b)(1), which provides in part: SEC. 502(b). Special Rule.-- For purposes of this section, the term “trade or business” shall not include-- (1) the deriving of rents which would be excluded under section 512(b)(3), if section 512 applied to the organization * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007