- 22 - 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 Analysis--Revocation of Exempt Status Petitioner’s exempt status was revoked on account of failure to satisfy the operational test, which failure in turn was based on private benefit and inurement.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 thePage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: November 10, 2007