Solutions Plus, Inc. - Page 22




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              2.  Whether Petitioner Is Operated Exclusively for                      
         Charitable Purposes                                                          
              We focus now on petitioner’s operations to decide whether               
         petitioner satisfies the operational test.  Petitioner has not               
         begun to actually operate.  However, its plans make clear:  (a)              
         Petitioner’s primary activity would be to provide DMPs to the                
         general public for a fee that it hopes to collect from its                   
         customers and from its customers’ creditors; (b) petitioner would            
         conduct this activity in a self-promotional and profit-maximizing            
         manner; (c) petitioner would not limit its DMP services to low-              
         income individuals; and (d) petitioner has not established that              
         its proposed DMP fee structure is reasonable.  Thus, the                     
         administrative record establishes that petitioner does not, or,              
         more accurately, would not, operate exclusively for charitable               
         purposes.                                                                    




              2(...continued)                                                         
          personal money management and aiding low-income persons with                
          financial problems by providing free counseling and, if                     
          necessary, establishing a budget plan for the orderly discharge             
          of indebtedness, was considered to have furthered charitable                
          purposes. Id. In contrast, the Commissioner has indicated that an           
          organization assisting persons with financial problems by                   
          analyzing their specific problems, counseling them on the payment           
          of their debts, and setting up payment plans based on their                 
          ability to pay was not exempt under sec. 501(c)(3), because the             
          organization was not engaged in educational activities and did              
          not limit its program to persons who were in need of such                   
          assistance as proper recipients of charity.  Id.; Rev. Rul. 65-             
          299, 1965-2 C.B. 165.                                                       






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