Sep 28

Taxpayer’s leasing activities are not only non-charitable, but also commercial. The manner in which a business is carried out indicates whether its purpose is exempt or commercial. Living Faith, 950 372. If an organization competes with commercial entities, uses market pricing, and other terms, and accumulates a large surplus, it will be deemed to operate for commercial purposes. Taxpayer provides normal property services to its tenants, presumably in competition with for-profit landlords, and has accumulated a very large surplus. These factors lead to the conclusion that it is operating for commercial purpose. See B.S.W. Group, 70 T.C. at 358, Living Faith, 950 F.2d at 373. Therefore, Taxpayer’s rental activity during the examination years constitutes a substantial commercial purpose, and this activity is fatal to Taxpayer’s exemption. Better Bus. Bureau. 326 U.S. at 283. 

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