The Law of Tax-Exempt Organizations, 10th Edition 2014 Cumulative Supplement

CHAPTER FOUR

Organizational, Operational, and Related Tests and Doctrines

*§ 4.1 Organizational, Operational, and Related Tests and Doctrines

§ 4.3 Organizational Test

*(a) Statement of Purposes

(b) Dissolution Requirements

*(e) What Test Does Not Encompass (New)

(i) Banking Law

(ii) IRS Ruling Policy

§ 4.4 Primary Purpose Test

§ 4.5 Operational Test

(a) Basic Rules

*(a-1) Quantification of Activities (New)

(c) Aggregate Principle

§ 4.6 Exclusively Standard

§ 4.7 Commensurate Test

*(a) Application of Commensurate Test

*(b) Charitable Spending Initiative

§ 4.7A Consideration of Organizations' Names (New)

§ 4.8 State Action Doctrine

(a) Doctrine in General

(b) Doctrine as Applied to Social Clubs

(c) Doctrine and Other Exempt Organizations (New)

(d) Statutory Law

§ 4.10 Commerciality Doctrine

(a) Origin of Doctrine

*(b) Contemporary Application of Doctrine

(c) Contemporary Perspective on Doctrine

§ 4.11 Social Enterprise Developments (New)

(a) Concept of Social Enterprise

(b) Program-Related Investments

(c) Low-Profit Limited Liability Companies

(d) B Corporations

(e) Benefit Corporations

(f) Flexible Purpose Corporations

§ 4.1 ORGANIZATIONAL, OPERATIONAL, AND RELATED TESTS AND DOCTRINES

*p. 60, n. 5. Insert following existing text:

Thus, for example, in determining that an organization did not qualify for tax exemption by reason of IRC § 501(c)(16), one reason given by the IRS was that the state involved had suspended the organization's corporate status (Priv. Ltr. Rul. 201333014). ...