Page:United States Statutes at Large Volume 90 Part 2.djvu/249

 PUBLIC LAW 94-455—OCT. 4, 1976 - •' •

90 STAT. 1717

of the purposes of which is to attract persons in an industry generally (without regard to membership in the sponsoring organization) as well as members of the public to the show for the purpose of displaying industry products or to stimulate interest in, and demand for, industry products o r services, or to educate persons engaged in the industry in the development of new products and services or new rules and regulations affecting the industry. "(B)

Q l T A L i r i E D CONVENTION AND TRADE SHOW ACTIVITY.—

The term 'qualified convention and trade show activity' means a convention and trade show activity carried out by a qualifying organization described in subparagraph (C) in conjunction with an international, national. State, regional, or local convention, annual meeting, or show conducted by an organization described in subparagraph (C) if one of the purposes of such organization in sponsoring the activity is the promotion and stimulation of interest in, and demand for, the products and services of that industry in general, and the show is designed to achieve such purpose through the character of the exhibits and the extent of the industry products displayed. "(C)

QUALIFYING ORGANIZATION.—For purposes of

this

paragraph, the term 'qualifying organization' means an organization described in section 5 0 1 (c)(5) or (6) which regularly conducts as one of its substantial exempt purposes a show which stimulates interest in, and demand for, the products of a particular industry or segment of such industry. " (4) S U C H ACTIVITIES NOT TO AFEECT EXEMPT STATUS.—An Organization described in section 501(c)(3), (4), or (5) shall not be considered as not entitled to the exemption allowed under section 501(a) solely because of qualified public entertainment activities conducted by it." (b) EFFECTIVE DATES.—The amendments made by subsection (a) 26 USC 513 ripply to qualified public entertainment activities in taxable years ""*^beginning after December 31, 1962, and to qualified convention and trade show activities in taxable years beginning after the date of enactment of this Act. SEC. 1306. DECLARATORY JUDGMENTS WITH RESPECT TO SECTION 501(c)(3) STATUS AND CLASSIFICATION. (a) GENERAL RULE.—Subchapter B of chapter 76 (relating to proceedings by taxpayers and t h i r d parties) is amended by redesignating section 7428 as 7430, and by inserting after section 7427 the following new section: "SEC. 7428. DECLARATORY JUDGMENTS RELATING TO STATUS AND 26 USC 7428. CLASSIFICATION OF ORGANIZATIONS UNDER SECTTION 501(c)(3), ETC. " (a) CREATION OF R E M E D Y. — I n a case of actual controversy involving— " (1) a determination by the Secretary— " (A) with respect to the initial qualification or continuing qualification of an organization as an organization described in section 501(c)(3) which is exempt from tax under section 501(a) or as an organization described in section 170(c)(2), " (B) with respect to the initial classification or continuing classification of an organization as a private foundation (as defined in section 509(a)), or

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