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Lord MacNaghten, in IRC v Pemsel (see above, p 599), classified the charitable purposes, as stated in the preamble to the Charitable Uses Act 1601, as follows: (a) the relief of poverty; (b) the advancement of education; (c) the advancement of religion; (d) other purposes beneficial to the community. The exempt purposes set forth in Internal Revenue Code section 501(c)(3) are charitable, religious, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition, and the prevention of cruelty to children or animals. .if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'swarb_co_uk-medrectangle-3','ezslot_3',125,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Lists of cited by and citing cases may be incomplete. The Revenue appealed against the decision by Foster J that the Council ought to be registered as a charity. Income Tax Special Commissioners v Pemsel: HL 20 Jul 1891 38 Requirement that there be a net benefit for the public This is a matter of degrees, and was discussed by Slade J in McGovern v Attorney General,[56] when he said that: The distinction is between (a) those non-charitable activities authorised by the trust instrument which are merely incidental or subsidiary to a charitable purpose and (b) those non-charitable activities so authorised which themselves form part of the trust purpose. PDF IRC Section 404(h) The Crown replied that an order could not be made under s21 of the 1947 Act. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. Equity and Trusts Cases | How to Get a First in Law If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! Take a look at some weird laws from around the world! Charities for the purpose of creating animal sanctuaries usually pass the public benefit test despite this, because they do not completely exclude the public and often have educational value.
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