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Founding and Operations
Petitioner was formed as a nonprofit corporation under the
laws of the State of Texas on September 22, 1995. Pursuant to
its articles of incorporation, petitioner was organized for the
stated exempt purpose of operating a school “to provide a sound
education for all school-age children within the City of San
Antonio and Bexar County, Texas.” At all relevant times
petitioner has maintained its principal place of business in San
Antonio, Texas. Patricia L. Fennell (Ms. Fennell), founder of
petitioner, has from its inception served as the school’s
executive director, president, and CEO. Basil H. Franks
(Mr. Franks), apparently also known as Basil Kamau Atum, was
likewise involved in the founding, incorporation, and early
operations of petitioner. Mr. Franks resigned from further
participation in May of 1996. The articles of incorporation and
the bylaws adopted in accordance therewith provided for a board
of directors to oversee governance of petitioner.
During 1996, petitioner submitted to the Internal Revenue
Service (IRS), a Form 1023, Application for Recognition of
Exemption Under Section 501(c)(3) of the Internal Revenue Code.
By letter dated May 9, 1997, petitioner received recognition from
the IRS as an organization exempt from taxation under section
501(a) by reason of being described in section 501(c)(3). Exempt
status under section 501(c)(3) rendered petitioner eligible under
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Last modified: November 10, 2007