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Judicial Watch • JW v IRS production 73 01559 part 1 pg 1-300

JW v IRS production 73 01559 part 1 pg 1-300

JW v IRS production 73 01559 part 1 pg 1-300

Page 1: JW v IRS production 73 01559 part 1 pg 1-300

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Number of Pages:300

Date Created:October 25, 2016

Date Uploaded to the Library:November 16, 2016

Tags:Advocating, edits, counsels, situation, Conclusion, irs production 73, inquiry, sheet, governor, regulations, 01559, social, Congressional, draft, response, production, IRS


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b)(5)/dp; (b)(5)/ac Draft response Congressional inquiry containing Counsels edits
JW1559-039411
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-~~
P:r~
Background
tft),.)_
Code Section 501 (c)(4)
1--A/J Sf...
Provides exemption from taxation for:
Civic leagues organizations not organized for profit, but operated exclusively
for the promotion social welfare.
Old provision dating back the first income tax statute (1913).
Two requirements:
t1Z2~ Not organized operated for profit Operated exclusively for the promotion social welfare.
Social welfare not defined statute legislative history.
Wide variety organizations fall into this category, for example: Volunteer fire departments Garden clubs Some HMOs
Treasurv Regulations
Date back 1959.
Relatively short todays standards (less than page).
Regulations state part (section .501 (c)(4)-1 organization operated exclusively for the promotion social welfare
primarily engaged promoting some way the common good and general
welfare the people the community. organization embraced within this section one which operated primarily
for the purpose bringing about civic betterments and social improvements.
Regulations give few negative examples illustrate what the promotion the
social welfare does not include:
ltlf)
Direct indirect participation intervention political campaigns
behalf opposition any candidate for public office.
JW1559-039431 Operating social club for the benefit, leisure, recreation its
members. Carrying trade business with the general public manner similar organizations which are organized for profit.
Example social welfare purpose (not drawn from any actual cases) Advocating for good nutrition Advocating for planting cherry trees Advocating for buried power lines the suburbs
Social welfare activities include related legislative activities
Legislative activities that are germane organizations purposes qualify
promoting the social welfare. (see, e.g., Rev. Rul. 67-293) case organization advocating for planting cherry trees, attempting
influence legislation promote the planting cherry trees qualifies promoting
the social welfare (e.g., drafting proposed legislation, writing legislators seek
their support, contacting citizens encourage them contact representatives
support the bill).
Same for efforts defeat legislation that would adversely affect the planting
cherry trees permissible social welfare activity (e.g., efforts oppose foods
stands the mall replace cherry trees).
Political campaign activities are NOT social welfare activities
Supporting opposing legislation germane organizations purposes
(legislative advocacy) different from supporting opposing political
candidate.
Participating intervening political campaigns behalf opposition candidate for public office does not promote the social welfare. The regulations not impose complete ban such activities, long the organizations primarv activities promote social welfare. [Rev. Rul.
81-95] 501(c)(4) organization that makes political campaign expenditures
with its own funds (without setting separate fund that operates
political organization) must pay tax (at highest corporate rate) its net
investment income (as were taxable entity), the amount its
political campaign expenditures. 527(f)]
JW1559-039432
Line Drawing Can Difficult and Fact Intensive easy identify communications that explicitly advocate election defeat candidate. other cases, can hard drawing the line between legislative other
advocacy related mission and political campaign activities.
Good examples are included 2004 IRS Revenue Ruling. particular, Rev.
Rul. 2004-6 compares and contrasts two situations involving 501(c)(4)
organization that advocates abolish the death penalty particular State. both situations (Situations and 6), the organization prepares and finances that appears several stations the State shortly before election
which the Governor candidate for reelection. The provides statistics
about developed countries that have abolished the death penalty and refers
studies about inequities administration the death penalty. the first situation (Situation 5),
--The timing the coincides with scheduled execution the State.
--The states that the Governor has supported the death penalty the past
and encourages viewers call write the Governor demand that stop
the execution.
--The organization has track record running substantially similar ads
before every scheduled execution the State.
--The identifies specific event outside the control the organization (the
scheduled execution) that the organization hopes prevent.
Conclusion: the amount paid for the advertisement not political campaign
expenditure (i.e., not subject tax under 527(f)). contrast, the second situation (Situation 6), there are executions
scheduled the State the near future.
--The states that Governor has supported the death penalty the past,
identifies several individuals who were previously executed the State and
whose lives the Governor could have saved, and encourages views call
write the Governor demand moratorium the death penalty the
State.
--The not part ongoing series substantially similar ads the
same issue.
JW1559-039433
--The does not identify and not timed coincide with any specific event
outside the control the organization that trying influence.
--The appears shortly before election which the Governor
candidate, targets voters the election, and identifies the Governors position contrary the organizations position.
Conclusion: the amount paid for the political campaign expenditure.
This area where hard come with bright line rules.
Changing Times Bringing New Attention
The regulations under section 501 (c)(4) were drafted back the 1950s.
The regulations are getting lot public attention today for reasons the original
drafters could not have anticipated.
This challenging area and welcome your ideas and input. you can appreciate, with any regulation that has been around for long time
(in this case more than years), IRS needs analyze the issues carefully.
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