Rameses School of San Antonio, Texas - Page 11




                                       - 11 -                                         
          102, 107 (1978)), affd. 37 F.3d 216 (5th Cir. 1994); see also               
          Copyright Clearance Ctr., Inc. v. Commissioner, 79 T.C. 793, 803-           
          804 (1982).  Nonetheless, the presence of a single nonexempt                
          purpose, if substantial in nature, precludes exempt status,                 
          regardless of the number or importance of truly exempt purposes.            
          Better Bus. Bureau v. United States, 326 U.S. 279, 283 (1945);              
          Redlands Surgical Servs. v. Commissioner, 113 T.C. 47, 71-72                
          (1999), affd. 242 F.3d 904 (9th Cir. 2001); Nationalist Movement            
          v. Commissioner, supra at 576; Am. Campaign Acad. v.                        
          Commissioner, 92 T.C. 1053, 1065 (1989).                                    
               To satisfy the exclusivity requirement as it pertains to the           
          organizational test, the entity’s articles of organization must             
          limit its purposes to those which are exempt and must not                   
          expressly empower it to engage, except in insubstantial part, in            
          activities not in furtherance of exempt purposes.  Sec.                     
          1.501(c)(3)-1(b)(1)(i)(a) and (b), Income Tax Regs.  The articles           
          or applicable law must also ensure that, upon dissolution of the            
          organization, assets would not be distributed to its members or             
          shareholders.  Sec. 1.501(c)(3)-1(b)(4), Income Tax Regs.                   
               With respect to the operational test:                                  
               An organization will be regarded as “operated                          
               exclusively” for one or more exempt purposes only if it                
               engages primarily in activities which accomplish one or                
               more of such exempt purposes specified in section                      
               501(c)(3).  An organization will not be so regarded if                 
               more than an insubstantial part of its activities is                   
               not in furtherance of an exempt purpose.  [Sec.                        
               1.501(c)(3)-1(c)(1), Income Tax Regs.]                                 






Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 10, 2007