Exempt organizations - Uncle Fed's Tax*Board
Exempt organizations - Uncle Fed's Tax*Board
Exempt organizations - Uncle Fed's Tax*Board
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exceed 125 percent of the maximum authorized<br />
rate of $35 provided by section 5702(a) of title 5,<br />
U.S.C., notwithstanding the provision in section<br />
5702(c) allowing higher rates in designated geographical<br />
areas. §53.4941(d)-3. (Sec. 4941, ’86<br />
Code.)<br />
Rev. Rul. 77-251, 1977-2 C.B. 389.<br />
214.121 Self-dealing; use of private road by<br />
disqualified person. The use of a private foundation<br />
museum’s private road for access to the adjacent<br />
headquarters and manufacturing plant of a<br />
corporation (a disqualified person) during the<br />
same hours the road is used by the general public<br />
as a thoroughfare connecting two public streets is<br />
not an act of self-dealing. §§53.4941(d)–3. (Sec.<br />
4941, ’86 Code.)<br />
Rev. Rul. 76-459, 1976-2 C.B. 369.<br />
214.122 Status; community trusts; reliance<br />
period extended. The reliance period contained<br />
in reg. 1.508–1(b)(4)(i) that permits grantors, contributors,<br />
and distributors to rely on the claimed<br />
public charity status of community trusts is<br />
extended. §§1.170A-1, 1.508–1. (Sec. 601.201,<br />
S.P.R.; Secs. 170, 508, ’86 Code.)<br />
Rev. Proc. 77-20, 1977-1 C.B. 585.<br />
214.123 Status; nonexempt charitable trusts.<br />
A nonexempt charitable trust described in section<br />
4947(a)(1) that is a private foundation must terminate<br />
its private foundation status pursuant to section<br />
507 before it can be excluded from such status<br />
under section 509(a)(3). §1.509(a)-4. (Sec. 509,<br />
’86 Code.)<br />
Rev. Rul. 76-92, 1976-1 C.B. 160.<br />
214.124 Status; section 508(b) presumption;<br />
untimely notification. An organization formed<br />
before October 9, 1969 is not precluded from classification<br />
as other than a private foundation<br />
merely because it failed to notify the Service by<br />
the March 22, 1973 deadline given in the regulations<br />
that it is not a private foundation as required<br />
by section 508(b); its status as other than a private<br />
foundation may be established by submitting a<br />
request for a determination letter to the local District<br />
Director. §§1.508–1, 1.509(a)–1. (Secs. 508,<br />
509; ’86 Code.)<br />
Rev. Rul. 73-504, 1973-2 C.B. 190.<br />
214.125 Status; support received prior to<br />
change in operations. Support received by an<br />
organization prior to changes made in its operations<br />
to enable it to qualify under section 501(c)(3)<br />
is not taken into account in determining its foundation<br />
status. §§1.170A-9, 1.509(a)–3. (Secs. 170,<br />
509; ’86 Code.)<br />
Rev. Rul. 77-116, 1977-1 C.B. 155.<br />
214.126 Status; support received prior to<br />
incorporation. An organization that filed an<br />
application for recognition of exemption under<br />
section 501(c)(3) in May 1976, following its<br />
incorporation in November 1975 to succeed an<br />
unincorporated association that had operated for<br />
three years without filing an application, will be<br />
recognized as exempt from the date of incorporation.<br />
An advance ruling concerning the organization’s<br />
private foundation may be requested on the<br />
basis of support received since incorporation.<br />
§§1.508-1, 1.509(a)-3. (Secs. 508, 509; ’86<br />
Code.)<br />
Rev. Rul. 77-469, 1977-2 C.B. 196.<br />
214.127 Status; untimely notification. A corporation<br />
that states it is a private foundation when<br />
it files an application for recognition of exemption<br />
subsequent to the 15 month deadline provided by<br />
regulation is treated as an organization described<br />
in section 501(c)(3) and as a private foundation<br />
only from the date it files its application.<br />
§§1.508-1, 1.509(a)-1. (Secs. 508, 509; ’86<br />
Code.)<br />
Rev. Rul. 77-207, 1977-1 C.B. 152.<br />
214.128 Status; untimely notification. A corporation<br />
that states it is a publicly supported charity<br />
when it files its application for recognition of<br />
exemption subsequent to the 15 month deadline<br />
provided by regulation cannot be treated as an<br />
organization described in section 501(c)(3) before<br />
the date it files its application; financial support<br />
received prior to that date may not be used for purposes<br />
of determining whether the organization is<br />
publicly supported. §§1.508–1, 1.509(a)–1. (Secs.<br />
508, 509; ’86 Code.)<br />
Rev. Rul. 77-208, 1977-1 C.B. 153.<br />
214.129 Status after distribution of assets. A<br />
private foundation may terminate its private<br />
foundation status under section 507(b)(1)(A) by<br />
distributing its total net assets to a public charity,<br />
in existence 20 months, formed from the consolidation<br />
of two public charities each of which would<br />
have been in existence for 60 months at the time<br />
of distribution had they not been consolidated.<br />
§1.507-2. (Sec. 507, ’86 Code.)<br />
Rev. Rul. 75-289, 1975-2 C.B. 215.<br />
214.130 Status after termination. A corporation<br />
that remains in existence after terminating its<br />
private foundation status under section<br />
507(b)(1)(A) must, unless specifically excepted<br />
by section 508(c), file an Application for Recognition<br />
of <strong>Exempt</strong>ion if it wishes to be treated as an<br />
organization described in section 501(c)(3).<br />
§§1.507-2, 1.508-1, 1.509(c)-1. (Secs. 507, 508,<br />
509; ’86 Code.)<br />
Rev. Rul. 74-490, 1974-2 C.B. 171.<br />
214.131 Status termination; advance ruling;<br />
supporting organization. A private foundation<br />
that has commenced a 60-month termination<br />
period has received an advance ruling that it can<br />
reasonably be expected to satisfy the requirements<br />
of section 507(b)(1)(B)(i) by operating as a public<br />
charity during the period. A private foundation<br />
that supports only such organization and otherwise<br />
qualifies under reg. 1.509(a)-4 may be given<br />
an advance ruling that it can reasonably be<br />
expected to operate as a section 509(a)(3) organization<br />
and satisfy the requirements of section<br />
507(b)(1)(B)(i) during its own 60-month termination<br />
period. §§1.507–2, 1.509(a)–4. (Secs. 507,<br />
509; ’86 Code.)<br />
Rev. Rul. 78-386, 1978-2 C.B. 179.<br />
214.132 Status termination; change in<br />
accounting period. A private foundation that<br />
gave notice that it was terminating its private<br />
foundation status by operating as a public charity<br />
for a 60-month period beginning with the first day<br />
of its next taxable year and that is was changing its<br />
annual accounting period from a calendar to a fiscal<br />
year pursuant to reg. 1.442–1(c)(2) may begin<br />
the 60-month period on the earlier fiscal year date.<br />
§§1.442-1, 1.507-2. (Secs. 442, 507; ’86 Code.)<br />
Rev. Rul. 77-113, 1977-1 C.B. 152.<br />
214.133 Support by foreign government. An<br />
exempt organization organized in a foreign country<br />
and receiving a substantial portion of its support<br />
from a foreign government is not a private<br />
foundation. §1.509(a)-2. (Sec. 509, ’86 Code.)<br />
Rev. Rul. 75-435, 1975-2 C.B. 215.<br />
214.134 Support of foreign organization. An<br />
organization that is organized and operated in support<br />
of a foreign, rather than a domestic, organization<br />
meeting the requirements of section 509(a)(1)<br />
and (a)(2) and that otherwise meets the requirements<br />
of section 509(a)(3) qualifies as an organization<br />
described in that section. §1.509(a)-4.<br />
(Sec. 509, ’86 Code.)<br />
Rev. Rul. 74-229, 1974-1 C.B. 142.<br />
<strong>Exempt</strong> <strong>organizations</strong><br />
214.135 Support requirement; organization<br />
for the benefit of a state university. The substantial<br />
support tests of section 170(b)(1)(A)(vi) also<br />
apply to allow an organization organized and operated<br />
exclusively for the benefit of a state university,<br />
otherwise described in section<br />
170(b)(1)(A)(iv), to meet the substantial support<br />
test of section 170(b)(1)(A)(iv), provided the<br />
sources of support of the organization do not<br />
include support from sources permitted by section<br />
170(b)(1)(A)(vi), but not permitted by section<br />
170(b)(1)(A)(iv). 1.170A-9, 1.509(a)–2. (Secs.<br />
170, 509; ’86 Code.)<br />
Rev. Rul. 82–132, 1982–2 C.B. 107.<br />
214.136 Supporting organization. A newly<br />
created nonprofit organization is to pay its future<br />
income until a specific amount has been paid to<br />
specified <strong>organizations</strong> described in section<br />
509(a)(1) or (a)(2) that appoint a majority of its<br />
governing body. The organization will dissove after<br />
the specific amount has been paid and will distribute<br />
its assets to such specified <strong>organizations</strong> that a<br />
contributor named in its articles of organization<br />
selects. The organization is a private foundation<br />
and not a supporting organization. §1.509(a)-4.<br />
(Sec. 509, ’86 Code.)<br />
Rev. Rul. 79-197, 1979-1 C.B. 204.<br />
214.137 Supporting organization; charitable<br />
trust granting scholarships. An exempt charitable<br />
trust whose sole purpose is to grant scholarships<br />
to students graduating from the public high<br />
schools in a city and that is trusteed by the city<br />
council with its funds managed by the city treasurer<br />
is a supporting organization and is not a private<br />
foundation. §1.509(a)-4. (Sec. 509, ’86<br />
Code.)<br />
Rev. Rul. 75–436, 1975-2 C.B. 217.<br />
214.138 Supporting organization; charitable<br />
trust granting scholarships. An exempt charitable<br />
trust whose sole purpose is to grant scholarships<br />
to students graduating from both public and<br />
private high schools in a city and whose trustees<br />
are officers of, or are elected by the membership<br />
of, a local civic league exempt under section<br />
501(c)(4) is a supporting organization and thus not<br />
a private foundation. §1.509(a)-4. (Sec. 509, ’86<br />
Code.)<br />
Rev. Rul. 76-401, 1976-2 C.B. 175.<br />
214.139 Supporting organization; charitable<br />
trust granting scholarships for county students.<br />
An exempt charitable trust established<br />
solely to provide college scholarships to county<br />
high school graduates that is trusteed by an independent<br />
bank trustee is a private foundation and<br />
not a supporting organization. §1.509(a)–4. (Sec.<br />
509, ’86 Code.)<br />
Rev. Rul. 75-437, 1975-2 C.B. 218.<br />
214.140 Supporting organization; community<br />
trust. A community trust described in reg.<br />
1.170A-9(e)(11) that was created by a community<br />
chest to hold permanently endowed charitable<br />
funds and to distribute income to support local<br />
charitable <strong>organizations</strong> that are public charities is<br />
a supporting organization and is not a private<br />
foundation, even if the publicly supported charities<br />
are not specified by name. §1.509(a)-4. (Sec.<br />
509, ’86 Code.)<br />
Rev. Rul. 81-43, 1981-1 C.B. 350.<br />
214.141 Supporting organization; control of<br />
board by disqualified person. An organization<br />
that is exempt under section 501(c)(3) makes distributions<br />
to a university. The organization is controlled<br />
by a four member board of directors, one of<br />
whom is a substantial contributor to the organization<br />
and a disqualified person. Two other directors<br />
are employees of a corporation, also a disqualified<br />
person, in which more than 35 percent of the voting<br />
power is owned by the substantial contributor.<br />
The remaining director is chosen by the university.<br />
None of the directors has a veto power. The organization<br />
is not a supporting organization within<br />
the meaning of section 509(a)(3). §1.509(a)-4.<br />
(Sec. 509, ’86 Code.)<br />
Rev. Rul. 80-207, 1980-2 C.B. 193.