Rameses School of San Antonio, Texas - Page 10




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          in that it was operated for the benefit of private interests and            
          a part of net earnings inured to the benefit of its founder                 
          Ms. Fennell.                                                                
                                       OPINION                                        
          I.  General Rules--Exempt Status                                            
               Section 501(a) exempts from Federal income taxation                    
          organizations described in section 501(c).  Among the                       
          organizations so described are those set forth in section                   
          501(c)(3):                                                                  
                    (3) Corporations * * * organized and operated                     
               exclusively for religious, charitable, scientific,                     
               testing for public safety, literary, or educational                    
               purposes, or to foster national or international                       
               amateur sports competition * * * , or for the                          
               prevention of cruelty to children or animals, no part                  
               of the net earnings of which inures to the benefit of                  
               any private shareholder or individual * * *                            
               In order to be exempt under section 501(c)(3), an                      
          organization must be both organized exclusively for one or more             
          of the exempt purposes specified in the section, known as the               
          organizational test, and operated exclusively for such purposes,            
          known as the operational test.  See sec. 1.501(c)(3)-1(a)(1),               
          Income Tax Regs.  Failure to satisfy either test forecloses a               
          section 501(c)(3) exemption.  Id.                                           
               In application of the organizational and operational tests,            
          “exclusively” does not mean “‘solely’” or “‘absolutely without              
          exception’”.  Nationalist Movement v. Commissioner, 102 T.C. 558,           
          576 (1994) (quoting Church in Boston v. Commissioner, 71 T.C.               






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