Solutions Plus, Inc. - Page 18




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              1.  Whether Petitioner Is Organized Exclusively for Exempt              
         Purposes                                                                     
              Whether an organization is organized exclusively for exempt             
         purposes is sometimes known as the organizational test.  To                  
         satisfy the organizational test, the articles of organization (1)            
         must limit the organization’s purposes to one or more exempt                 
         purposes; (2) may not expressly authorize the organization to                
         engage in activities that do not further one or more exempt                  
         purposes except to an insubstantial degree; and (3) must contain             
         an express or implied provision dedicating its assets to an                  
         exempt purpose upon dissolution.  Sec. 1.501(c)(3)-1(b)(1)                   
         through (4), Income Tax Regs.                                                
                   a.  Educational Purposes                                           
              Petitioner contends that it satisfies the organizational                
         test because it was organized for educational purposes and that              
         use of DMPs was only a minimal part of its revenue.  However, the            
         administrative record clearly demonstrates otherwise.                        
              Petitioner’s articles of incorporation do not limit its                 
         activities to those related to education because the articles                
         empower petitioner to engage in activities that are not purely               
         charitable or educational.  For example, petitioner could operate            
         an investment business and offer products and services with                  
         respect to a customer’s individual needs.  Those activities stand            
         in stark contrast to educational purposes acceptable under                   
         section 501(c)(3), which include activities that instruct or                 






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Last modified: March 27, 2008