The last political loophole is found in non-profits
The role of the (c)(4)s in politics is a hot-button issue that everybody knows about
June 30, 2012 at 08:00 PM
7 minute read
The national political system is a cauldron boiling with millions of dollars in new money, much of it coming from newly established, non-profit, tax-exempt organizations. Nearly every campaign for federal office is affected by the combined effect of the so-called Super PACs, authorized by Section 527 of the Tax Code, and the Supreme Court's Citizens United ruling, which opened the spigots of corporate coffers to spend on behalf of candidates, overturning a century-old statute banning such spending.
When political operatives decided they wanted to raise corporate money without having to disclose where it came from, they looked to another type of non-profit and tax-exempt entity called the “social welfare” organization, which gets its exemption under Section 501(c)(4) of the Code. Both parties set up these entities to collect and spend political money because, unlike 527s, which are political organizations, the (c)(4)s as charities do not have to report the names of their donors.
The editorial pages, news reports, blogosphere and other outlets (including this column recently), have been awash with high-volume and high-pitched commentary criticizing, critiquing, condemning, defending, opposing, endorsing and analyzing this situation. One significant focus is that social welfare organizations may not engage “primarily” in political activity and still keep their tax exemption. Yet, they clearly are doing political things, and so far the Internal Revenue Service (IRS), according to its critics, isn't paying attention. Also, according to its critics, it is harassing social welfare organizations that are trying hard to follow the law.
The point is that the role of the (c)(4)s in politics is a hot-button issue that everybody in the political and tax worlds is talking about, or at least knows about.
So you might imagine my surprise upon hearing key actors in the sector express befuddlement about this in a recent Ways and Means subcommittee hearing called to discuss non-profit tax issues. Congressman Kenny Marchant, R-Texas, told well-known tax lawyer Bruce Hopkins about constituent complaints he's getting about the IRS singling out social welfare organizations “for audit,” and subjecting them to “an incredible paperwork burden to prove” they qualify as (c)(4)s, rather than as 527s. Hopkins agreed this was happening, then noted that “for some reason the IRS does seem to be asking for a lot more detail in this context” than in the past. Rep. Marchant then said he hoped the subcommittee could get the IRS to testify about “why there is this sudden new focus on these groups.” The chairman quickly said, “I share your concern,” then dropped the gavel.
My jaw dropped upon hearing this exchange. Aren't these people paying attention? The so-called Tea Party groups have been complaining for months about what they characterize as political harassment by the IRS on this issue. A GOP senator has accused the Democrats of a “politically motivated witch hunt” in supporting IRS scrutiny of the newer (c)(4)s. The New York Times has editorialized in favor of the IRS for questioning the Tea Party (March 7) and has lambasted the agency for “looking the other way” (June 3) on undisclosed donations to (c)(4)s.
Clearly, the IRS has been trying to do something in response to what has been called “the last loophole”—the ability to make undisclosed political contributions using (c)(4)s in this cynical way. But the IRS is in a no-win situation no matter what it does here. It also is clear that a congressional oversight hearing will not be the forum to close the loophole. A lot of us were looking forward to this hearing because it signaled Congress was finally paying attention to some of the many open issues in the sector. I suppose the subcommittee should get credit for acknowledging the 800- pound gorilla in the room, but I wish they hadn't been so easily flummoxed by it.
Bruce D. Collins is corporate vice president and general counsel of C-Span, based in Washington, D.C. Email him at [email protected].
The national political system is a cauldron boiling with millions of dollars in new money, much of it coming from newly established, non-profit, tax-exempt organizations. Nearly every campaign for federal office is affected by the combined effect of the so-called Super PACs, authorized by Section 527 of the Tax Code, and the Supreme Court's Citizens United ruling, which opened the spigots of corporate coffers to spend on behalf of candidates, overturning a century-old statute banning such spending.
When political operatives decided they wanted to raise corporate money without having to disclose where it came from, they looked to another type of non-profit and tax-exempt entity called the “social welfare” organization, which gets its exemption under Section 501(c)(4) of the Code. Both parties set up these entities to collect and spend political money because, unlike 527s, which are political organizations, the (c)(4)s as charities do not have to report the names of their donors.
The editorial pages, news reports, blogosphere and other outlets (including this column recently), have been awash with high-volume and high-pitched commentary criticizing, critiquing, condemning, defending, opposing, endorsing and analyzing this situation. One significant focus is that social welfare organizations may not engage “primarily” in political activity and still keep their tax exemption. Yet, they clearly are doing political things, and so far the Internal Revenue Service (IRS), according to its critics, isn't paying attention. Also, according to its critics, it is harassing social welfare organizations that are trying hard to follow the law.
The point is that the role of the (c)(4)s in politics is a hot-button issue that everybody in the political and tax worlds is talking about, or at least knows about.
So you might imagine my surprise upon hearing key actors in the sector express befuddlement about this in a recent Ways and Means subcommittee hearing called to discuss non-profit tax issues. Congressman Kenny Marchant, R-Texas, told well-known tax lawyer Bruce Hopkins about constituent complaints he's getting about the IRS singling out social welfare organizations “for audit,” and subjecting them to “an incredible paperwork burden to prove” they qualify as (c)(4)s, rather than as 527s. Hopkins agreed this was happening, then noted that “for some reason the IRS does seem to be asking for a lot more detail in this context” than in the past. Rep. Marchant then said he hoped the subcommittee could get the IRS to testify about “why there is this sudden new focus on these groups.” The chairman quickly said, “I share your concern,” then dropped the gavel.
My jaw dropped upon hearing this exchange. Aren't these people paying attention? The so-called Tea Party groups have been complaining for months about what they characterize as political harassment by the IRS on this issue. A GOP senator has accused the Democrats of a “politically motivated witch hunt” in supporting IRS scrutiny of the newer (c)(4)s. The
Clearly, the IRS has been trying to do something in response to what has been called “the last loophole”—the ability to make undisclosed political contributions using (c)(4)s in this cynical way. But the IRS is in a no-win situation no matter what it does here. It also is clear that a congressional oversight hearing will not be the forum to close the loophole. A lot of us were looking forward to this hearing because it signaled Congress was finally paying attention to some of the many open issues in the sector. I suppose the subcommittee should get credit for acknowledging the 800- pound gorilla in the room, but I wish they hadn't been so easily flummoxed by it.
Bruce D. Collins is corporate vice president and general counsel of C-Span, based in Washington, D.C. Email him at [email protected].
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCoinbase Hit With Antitrust Suit That Seeks to Change How Crypto Exchanges Operate
3 minute readBaker Botts' Biopharma Client Sues Former In-House Attorney, Others Alleging Extortion Scheme
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250