CHAPTER SEVEN
Lobbying and Political Activities

  1. § 7.1 Legislative Activities Limitation
    1. *(b) Legislative Activities
  2. § 7.4 Political Activities Limitation
    1. (b) Participation or Intervention
    2. (g) IRS's Recent Enforcement Efforts
  3. *§ 7.5 Business Expense Deduction Rules and Political Activities
  4. *§ 7.8 Political Activities of Social Welfare Organizations

§ 7.1 LEGISLATIVE ACTIVITIES LIMITATION

*(b) Legislative Activities

p. 196, note 26, seventh line. Delete the period; insert following closing quotation mark:

  • (at 760, note 9).

p. 196, note 26. Delete text following the first period and substitute:

  • Id.

p. 196, note 26. Insert as second paragraph:

  • An organization formed to protect the human rights of “defenseless victims” from various forms of mind‐control attacks was denied recognition of exemption as a charitable entity primarily because one of its principal activities was advocation of legislation to prohibit or regulate use of attack weapons on the public (Priv. Ltr. Rul. 201430014).

p. 196. Insert as fourth complete paragraph:

Another way an organization can be classified as an action organization is where its purposes can be achieved only through enactment of legislation. For example, the IRS held that an organization formed to promote transparency in government through technology failed to qualify for tax exemption as a charitable entity because its primary activity is advocating adoption of a theory or doctrine that can become effective only by a legislative enactment.26.1

*p. 197, first complete paragraph. Insert as third sentence:

On the basis of the principles illustrated in examples in the tax regulations, a court held that a communication refers to a ballot measure “if it either refers to the measure by name or, without naming it, employs terms widely used in connection with the measure or describes the content or effect of the measure.”30.1

§ 7.4 POLITICAL ACTIVITIES LIMITATION

(b) Participation or Intervention

p. 213, note 150. Insert following existing text:

  • The IRS ruled, however, that a nonprofit organization planning on conducting a series of ostensibly educational symposia failed to qualify for tax exemption because, as to the first of these events, representatives of only one political party, some of whom were candidates for public office, were invited to participate as speakers (Priv. Ltr. Rul. 201523021).

(g) IRS's Recent Enforcement Efforts

p. 218, first complete paragraph. Delete text following first sentence (including footnotes) and substitute:

This initiative is continuing by means of the use of IRS entities termed political activities referral committees (PARCs).185

p. 218. Insert as second complete paragraph, before heading:

The IRS announced, on May 22, 2014, that the agency has begun work on a regulation project concerning the conduct of political campaign activities by public charities and other categories of exempt organizations. This development occurred in the aftermath of a proposal regarding political campaign activities by social welfare organizations,186 which attracted intense criticism and was withdrawn.

§ 7.5 BUSINESS EXPENSE DEDUCTION RULES AND POLITICAL ACTIVITIES

*p. 218, note 188. Insert following existing text:

  • Citing this IRC provision, the IRS ruled that a business corporation maintaining a political action committee may not deduct as a business expense charitable contributions made to match its employees' charitable gifts, inasmuch as its charitable gifts are intended to incentivize political contributions by its employees to the PAC; the agency stated that the corporation's gifts to its PAC and its matching charitable gifts are “inextricably linked,” so that the latter types of gifts are being made in connection with political campaigns (Priv. Ltr. Rul. 201616002).

§ 7.8 POLITICAL ACTIVITIES OF SOCIAL WELFARE ORGANIZATIONS

*p. 224. Insert as last paragraph:

The Department of the Treasury and the IRS, in 2013, issued proposed regulations concerning political campaign activities conducted by tax‐exempt social welfare organizations.220.1 The government is, in its stead, developing proposed regulations regarding political campaign activities conducted by all categories of exempt entities. The Department of the Treasury and the IRS planned, in its stead, to develop proposed regulations regarding political campaign activities conducted by all categories of exempt entities. This plan was thwarted when Congress, in the fiscal year 2016 appropriations bill, prohibited issuance of tax-law guidance concerning candidate-related political activity.220.2 This prohibition is expected to be in the fiscal year 2017 appropriations legislation.220.3

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