Excerpted IRS DOCUMENTS
INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
P. O. BOX 2508
CINCINNATI, OH 45201
Employer Identification Number:
Date: APR 07 2004
DLN:
104091067
THE FREEDOM FUND Contact Person:
Advance Ruling Period Begins: September 16, 2003
Advance Ruling Period Ends: December 31, 2007
Addendum Applies: No
Dear Applicant:
Based on information you supplied, and assuming your operations will be as
stated in your application for recognition of exemption, we have determined
you are exempt from federal income tax under section 501(a) of the Internal
Revenue Code as an organization described in section 501 (c) (3).
Because you are a newly created organization, we are not now making a final
determination of your foundation status under section 509(a) of the Code.
However, we have determined that you can reasonably expect to be a publicly
supported organization described in sections 509(a) (1) and 170(b) (1) (A) (vi).
Accordingly, during an advance ruling period you will be treated as a publicly
supported organization, and not as a private foundation. This advance ruling
period begins and ends on the dates shown above.
Within 90 days after the end of your advance ruling period, you must send us
the information needed to determine whether you have met the requirements of
the applicable support test dur1ng the advance ruling per1od. If you establish
that you have been a publicly supported organization, we will classify you as
a section 509(a) (1) or S09(a) (2) organization as long as you continue to
meet the requirements of the applicable support test. If you do not meet
the public support requirements during the advance ruling period, we will
classify you as a private foundation for future periods. Also, if we
classify you as a private foundation, we will treat you as a private foundation
from your beginning date for purposes of section 507(d) and 4940.
Grantors and contributors may rely on our determination that you are not a private
foundation until 90 days after the end of your advance ruling period.
If you send us the required information within the 90 days, grantors and
contributors may continue to rely on the advance determination until we make
a final determination of your foundation status.
If we publish a notice in the Internal Revenue Bulletin stating that we will
no longer treat you as a publicly supported organization, grantors and contributors
may not rely on this determination after the date we publish the notice.
In addition, if you lose your status as a publicly supported organization, and
a grantor or contributor was responsible for, or was aware of, the act or failure
to act, that resulted in your loss of such status, that person may not rely on
this determination from the date of the act or failure to act. Also, if a grantor
or contributor learned that we had given notice that you would be removed from
classification as a publicly supported organization, then that person may not
rely on this determination as of the date he or she acquired such knowledge.
If you change your sources of support, your purposes, character, or method of operation, please let us know so we can consider the effect of the change on your exempt status and foundation status. If you amend your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, let us know all changes in your name or address.
As of January I, 1984, you are liable for social security taxes under the Federal Insurance Contributions Act on amounts of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA).
Organizations that are not private foundations are not subject to the private foundation excise taxes under Chapter 42 of the Internal Revenue Code. However, you are not automatically exempt from other federal excise taxes. If you have any questions about excise, employment, or other federal taxes, please let us know.
Donors may deduct contributions to you as provided in section 170 of the Internal Revenue Code. Bequests, legacies, devises, transfers or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code.
Donors may deduct contributions to you only to the extent that their contributions are gifts, with no consideration received. Ticket purchases and similar purchases in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circumstances. Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, gives guidelines regarding when taxpayers may deduct payments for admission to, or other participation in, fundraising activities for charity.
The Freedom Fund
P.O. Box 3337
Burlington, VT 05408