History proves that the pen is at least as mighty as the sword. Martin Luther's “95 Theses” sparked the Protestant Reformation. By publishing “Silent Spring,” Rachel Carson gave birth to new environmental awareness. When Abraham Lincoln delivered the Gettysburg Address he redefined the purpose of the Civil War.

These are all familiar works that affected large issues. But a lesser-known document by a relatively minor government official could have a comparable effect on non-profits.

Its genesis was Sen. Charles Grassley's (R-Iowa) rather ordinary request that IRS Commissioner Mark Everson spell out the most significant compliance challenges facing his agency in the non-profit and charitable arena. The resulting 14-page letter amounts to both an indictment and a battle plan. Its remarkably candid language (for a bureaucrat) spells out how too many charities and other organizations have strayed from purely charitable purposes. And, simply by itemizing the many abuses in the sector, it provides Congress a handy guide to cleaning them up.

Everson begins his letter with the expected acknowledgement of the “inspiring work of the tax-exempt community.” But he quickly takes a swipe at what he calls a “less compliant environment” that has fostered a culture that has become more casual about compliance [with the law] and less resistant to noncompliance.” He admits that IRS enforcement “faded” in the 1990s due to budget cuts. That led to what he generously characterized as “opportunities for noncompliance.” Stripped of the niceties, he's saying that non-profits exploited his agency's weakened state and took a mile whenever they were entitled to an inch.

He then moved on to non-profit boards. Again, he alluded to the many good actors before lamenting that some charitable boards have emulated their for-profit brethren's bad corporate practices. Using a tone of “more in sorrow than in anger,” but not without a touch of reprimand he wrote of the “failure of fiduciaries to appropriately manage,” and of an insufficiency of “due diligence and care” in the filing of tax returns. That's a polite way of saying, “we know who you are, and we know what you did.”

The commissioner then proceeded to cite a litany of specific abuses. He mentioned charities that were created to benefit only their donors or their founders, and he singled out the promoters of such shady arrangements. He noted the increased number of credit-counseling organizations that seemed more interested in providing fee-based services (with proceeds going to insiders) than in helping debtors. He fingered the non-profits engaged in political activities. He highlighted the misuse of tax deductions for conservation easements that nevertheless permitted lucrative development. He wrote of historic easements, especially the fa?? 1/2 ade easements, that homeowner's use to get tax deductions without giving up anything of value. He cited the persistent problem of the tendency of taxpayers to over value their non-cash contributions such as donations of cars and clothing. He chided the non-profits that gave their executives much more than reasonable compensation–especially those that let the executives set their own compensation. And so on.

Everson also singled out the so-called charity hospitals “that may not differ markedly from for-profit providers,” and characterized them as merely “tax-exempt holding companies with a charitable grant-making function.” Ouch.

The IRS commissioner's message was well received on Capitol Hill. At a recent Georgetown University conference on tax-exempt organizations, a key Senate staffer responsible for legislation that would regulate the sector called the letter “very significant and seminal.” At that same conference, Everson himself spoke to the assembled charity executives, lawyers and consultants, and wasn't shy about telling them where at least part of the problem lay. His willingness to bluntly blame attorneys and accountants (some of whom, no doubt, were sitting in front of him) for bringing bad practices into the non-profit sector says much about his resolve and the force behind his letter.

Informed observers acknowledge there is something of a gathering storm on the Hill that could engulf the non-profit sector with new regulation. If history is any guide, Everson's letter may well be a trigger that unleashes the storm. It bears reading.

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History proves that the pen is at least as mighty as the sword. Martin Luther's “95 Theses” sparked the Protestant Reformation. By publishing “Silent Spring,” Rachel Carson gave birth to new environmental awareness. When Abraham Lincoln delivered the Gettysburg Address he redefined the purpose of the Civil War.

These are all familiar works that affected large issues. But a lesser-known document by a relatively minor government official could have a comparable effect on non-profits.

Its genesis was Sen. Charles Grassley's (R-Iowa) rather ordinary request that IRS Commissioner Mark Everson spell out the most significant compliance challenges facing his agency in the non-profit and charitable arena. The resulting 14-page letter amounts to both an indictment and a battle plan. Its remarkably candid language (for a bureaucrat) spells out how too many charities and other organizations have strayed from purely charitable purposes. And, simply by itemizing the many abuses in the sector, it provides Congress a handy guide to cleaning them up.

Everson begins his letter with the expected acknowledgement of the “inspiring work of the tax-exempt community.” But he quickly takes a swipe at what he calls a “less compliant environment” that has fostered a culture that has become more casual about compliance [with the law] and less resistant to noncompliance.” He admits that IRS enforcement “faded” in the 1990s due to budget cuts. That led to what he generously characterized as “opportunities for noncompliance.” Stripped of the niceties, he's saying that non-profits exploited his agency's weakened state and took a mile whenever they were entitled to an inch.

He then moved on to non-profit boards. Again, he alluded to the many good actors before lamenting that some charitable boards have emulated their for-profit brethren's bad corporate practices. Using a tone of “more in sorrow than in anger,” but not without a touch of reprimand he wrote of the “failure of fiduciaries to appropriately manage,” and of an insufficiency of “due diligence and care” in the filing of tax returns. That's a polite way of saying, “we know who you are, and we know what you did.”

The commissioner then proceeded to cite a litany of specific abuses. He mentioned charities that were created to benefit only their donors or their founders, and he singled out the promoters of such shady arrangements. He noted the increased number of credit-counseling organizations that seemed more interested in providing fee-based services (with proceeds going to insiders) than in helping debtors. He fingered the non-profits engaged in political activities. He highlighted the misuse of tax deductions for conservation easements that nevertheless permitted lucrative development. He wrote of historic easements, especially the fa?? 1/2 ade easements, that homeowner's use to get tax deductions without giving up anything of value. He cited the persistent problem of the tendency of taxpayers to over value their non-cash contributions such as donations of cars and clothing. He chided the non-profits that gave their executives much more than reasonable compensation–especially those that let the executives set their own compensation. And so on.

Everson also singled out the so-called charity hospitals “that may not differ markedly from for-profit providers,” and characterized them as merely “tax-exempt holding companies with a charitable grant-making function.” Ouch.

The IRS commissioner's message was well received on Capitol Hill. At a recent Georgetown University conference on tax-exempt organizations, a key Senate staffer responsible for legislation that would regulate the sector called the letter “very significant and seminal.” At that same conference, Everson himself spoke to the assembled charity executives, lawyers and consultants, and wasn't shy about telling them where at least part of the problem lay. His willingness to bluntly blame attorneys and accountants (some of whom, no doubt, were sitting in front of him) for bringing bad practices into the non-profit sector says much about his resolve and the force behind his letter.

Informed observers acknowledge there is something of a gathering storm on the Hill that could engulf the non-profit sector with new regulation. If history is any guide, Everson's letter may well be a trigger that unleashes the storm. It bears reading.

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