Dear Sir or Madam:
Before we can determine whether your organization is exempt from
Federal income tax, we must have enough information to show that you have
met all legal requirements. You did not include the information needed to
make that determination on your Form 1023, Application for Recognition of
Exemption Under Section 501(c) (3) of the Internal Revenue Code.
To help us determine whether your organization is exempt from Federal
income tax, please send us the requested information by the above date. We
can then complete our review of your application.
If we do not hear from you within that time, we will assume you do not
want us to consider the matter further and will close your case. In that
event, as required by Code section 6104{c) , we will notify the
appropriate state officials that, based on the information we have, we
cannot recognize you as an organization of the kind described in Code
section 501{c) {3) .As a result, the Internal Revenue Service will treat
your organization as a taxable entity. If we receive the information after
the response due date, we may ask you to send us a new Form 1023.
In addition, if you do not provide the requested information in a
timely manner, we will consider that you have not taken all reasonable
steps to secure the determination you requested. Under Code section
7428(b) (2), your not taking all reasonable steps in a timely manner to
secure the determination may be considered as failure to exhaust
administrative remedies available to you within the Service. Therefore,
you may lose your rights to a declaratory judgment under Code section
7428.
If you have any questions, please contact the person whose name and
telephone number are shown in the heading of this letter.
Enclosure |
Sincerely yours, (original
signed by Michael J. Hanson)
Michael Hanson
Exempt Organizations Specialist
Letter 1312 (DO)
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Ehume Foundation Education Funds
56-2258937
Note: Your response to this letter must be submitted over the signature
of an authorized person or of an officer whose name is listed on page 3 of
the application. If we do not receive your complete response by the due
date, we will close your case temporarily. If you submit your response within
90 days after your case has been closed, we will re-open it for processing
and you will neither have to file a new application nor lose your user
fee.
PLEASE ATTACH A COPY OF THIS LETTER TO ALL CORRESPONDENCE
Additional Information Requested:
1.
Please review Revenue Ruling 63-252. It states that contributions to
certain domestic charitable organizations are deductible if it can be
shown that the gift is, in fact, to or for the use of the domestic
organization, and that the domestic organization is not serving as an
agent for, or channel for, a foreign charitable organization. In reaching
this conclusion, the revenue ruling states that it seems clear that the
requirements of section 170(c) (2) (A) of the Code would be nullified if
contributions inevitably committed to go to a foreign organization were
held to be deductible solely because, in the course of transmittal to the
foreign organization, they came to rest momentarily in a qualifying
domestic organization. In such cases, the domestic organization is only
nominally the donee; the real donee is the ultimate foreign recipient.
- How is your organization different or similar to the organizations
described in Rev. Rul. 63-252?
- Does your organization maintain control and responsibility over the use
of any funds granted to foreign organizations? If yes, explain in detail
how you exercise such control?
- Will anyone from your organization make any field investigations to
ensure your funds are being used properly? If yes, how often?
- Does your organization have full control and discretion over funds
donated to you or does the foreign organization control the funds?
- How does your organization ensure that the funds you donate to Ehume
Community School are used for the purposes that they were intended? Please
explain.

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Ehume Foundation Education Funds
56-2258937
PLEASE DIRECT ALL CORRESPONDENCE REGARDING YOUR CASE TO:
US Mail: Internal Revenue Service
Exempt Organizations
P. 0. Box 2508
Cincinnati, OH 4520l
ATT: Michael Hanson
Room 4-522 |
Street Address: Internal Revenue Service
Exempt Organizations
550 Main St, Federal Bldg
Cincinnati, OH 45202
ATT: Michael Hanson
Room 4-522
|