- 22 - 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.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: March 27, 2008