Non-profit question

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MLS12qwerty

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I am one of three Directors on a small private foundation. The purpose of the foundation is ecological restoration and preservation. We have a 200-acre tract of land that over the past 15-years have conducted numerous ecological restoration projects on with the community such as the Boy Scouts. We have essentially done all we can at that location. The Board decided to sell this property and buy another so we can continue to fulfill the functions and purposes of the foundation. We located the perfect tract of land and plan to restore it and open it up to the local community. The question is can I buy land contiguous to the proposed foundation property. The foundation property is currently under a Conservation Easement. I obtained a certified appraisal and will be paying slightly more than the appraised price. The foundation obtained an appraisal and will be paying slightly less than appraised value. There will be absolutely no mixing of monies what so ever... I will pay for mine and the foundation will pay its. The plan is I will conduct the restorations and as such need to be fairly close to the property. Under the code "(5) Transfer to. or use by or for the benefit of, a disqualified person of the income or assets of a private foundation" the term "benefit" is really not defined. There will be absolutely no financial benefit or the providing of any tangible products of services. However I will benefit from the convenience of being close to the foundations property. So is the benefit of convenience via purchasing land contiguous considered self-dealing? Pretty much everything I have read the IRS focuses on the disqualified person receiving monies, tangible assets or services. None of this is occurring just convenience and the appraisal already takes into account its proximity to the Conservation easement property.
 
What did the Foundation's attorney tell you when you asked him/her/it your question?
 
Agree, this is one for the attorney to answer.
 
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