Rameses School of San Antonio, Texas - Page 22




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          personal gain or benefit?”, to which Ms. Fennell replied:  “No, I           
          have not purchased any real estate for personal gain.  All the              
          real estate involved in the questions surrounding Rameses School            
          was purchased for the intent of the school.  It was purchased for           
          the intent of classrooms, playgrounds, gyms, things like this,              
          for Rameses School.”                                                        
               Thus, given the lack of probative value in the evidence                
          offered by petitioner at trial, whether or not petitioner is                
          permitted to relitigate factual issues addressed by the SBOE is             
          of little practical moment.  The documentary record and the SBOE            
          decision speak with a consistent voice, and petitioner has put              
          forward nothing convincing to the contrary.                                 
          IV.  Analysis--Revocation of Exempt Status                                  
               Petitioner’s exempt status was revoked on account of failure           
          to satisfy the operational test, which failure in turn was based            
          on private benefit and inurement.  Accordingly, the critical                
          inquiry in this case is whether the facts support a determination           
          of private benefit.  As set forth in detail supra, much caselaw             
          has revolved around questions of private benefit as between an              
          entity and its founder.  Factors highlighted as indicative of a             
          prohibited relationship have included control by the founder over           
          the entity’s funds, assets, and disbursements; use of entity                
          moneys for personal expenses; payment of salary or rent to the              
          founder without any accompanying evidence or analysis of the                







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