目次

Preface xi CHAPTER ONE: Definition of and Rationales for Tax–Exempt Organizations 1 ∗§ 1.1 Definition of Nonprofit Organization 1 ∗§ 1.2 Definition of Tax–Exempt Organization 2 § 1.4 Political Philosophy Rationale 2 CHAPTER TWO: Overview of Nonprofit Sector and Tax–Exempt Organizations 5 ∗§ 2.1 Profile of Nonprofit Sector 5 ∗§ 2.2 Organization of IRS 5 CHAPTER THREE: Source, Advantages, and Disadvantages of Tax Exemption 11 ∗§ 3.2 Recognition of Tax Exemption 11 CHAPTER FOUR: Organizational, Operational, and Related Tests and Doctrines 13 § 4.1 Forms of Tax–Exempt Organizations 13 ∗§ 4.2 Governing Instruments 13 ∗§ 4.3 Organizational Test 14 ∗§ 4.5 Operational Test 14 § 4.9 State Action Doctrine 15 ∗§ 4.11 Commerciality Doctrine 15 CHAPTER FIVE: Nonprofit Governance 17 ∗§ 5.7 IRS and Governance 17 CHAPTER SIX: Concept of Charitable 19 § 6.2 Public Policy Doctrine 19 ∗§ 6.3 Collateral Concepts 20 CHAPTER SEVEN: Charitable Organizations 21 § 7.4 Provision of Housing 21 ∗§ 7.6 Promotion of Health 21 ∗§ 7.7 Lessening Burdens of Government 22 ∗§ 7.14 Fundraising Organizations 23 ∗§ 7.16 Other Categories of Charity 24 CHAPTER EIGHT: Educational Organizations 25 § 8.1 Federal Tax Law Definition of Educational 25 § 8.2 Education Contrasted with Propaganda 25 § 8.3 Educational Institutions 25 CHAPTER NINE: Scientific Organizations 29 § 9.1 Federal Tax Law Definition of Science 29 CHAPTER TEN: Religious Organizations 31 ∗§ 10.1 Constitutional Law Framework 31 § 10.2 Federal Tax Law Definition of Religion 32 ∗§ 10.3 Churches and Similar Institutions 32 § 10.5 Conventions or Associations of Churches 33 CHAPTER ELEVEN: Other Charitable Organizations 35 ∗§ 11.2 Amateur Sports Organizations 35 ∗§ 11.8 Donor–Advised Funds 35 § 11.9 Endowment Funds 35 CHAPTER TWELVE: Public Charities and Private Foundations 39 § 12.3 Categories of Public Charities 39 ∗§ 12.4 Private Foundation Rules 40 CHAPTER THIRTEEN: Social Welfare Organizations 41 § 13.1 Concept of Social Welfare 41 § 13.2 Requirement of Community 41 ∗§ 13.3 Conduct of Business 41 ∗§ 13.4 Advocacy Organizations 42 CHAPTER FOURTEEN: Business Leagues and Like Organizations 43 § 14.1 Concept of Business League 43 ∗§ 14.2 Disqualifying Activities 43 CHAPTER FIFTEEN: Social Clubs 45 § 15.1 Social Clubs in General 45 ∗§ 15.2 Public Use Limitation 45 ∗§ 15.3 Investment Income Limitation 45 ∗§ 15.5 Taxation of Social Clubs 46 ∗CHAPTER SIXTEEN: Labor, Agricultural, and Horticultural Organizations 47 ∗§ 16.2 Agricultural Organizations 47 CHAPTER SEVENTEEN: Political Organizations 49 ∗§ 17.6 Taxation of Other Exempt Organizations 49 CHAPTER EIGHTEEN: Employee Benefit Funds 51 § 18.3 Voluntary Employees’ Beneficiary Associations 51 CHAPTER NINETEEN: Other Categories of Tax–Exempt Organizations 53 § 19.6 Cemetery Companies 53 § 19.19 Qualified Tuition Programs 53 § 19.20 ABLE Programs 54 ∗§ 19.22 Governmental and Quasi–Governmental Entities 54 CHAPTER TWENTY: Private Inurement and Private Benefit 57 § 20.1 Concept of Private Inurement 57 ∗§ 20.3 Definition of Insider 57 ∗§ 20.4 Compensation Issues 58 ∗§ 20.5 Other Forms of Private Inurement 58 § 20.12 Private Benefit Doctrine 59 CHAPTER TWENTY–ONE: Intermediate Sanctions 61 § 21.9 Rebuttable Presumption of Reasonableness 61 ∗§ 21.10 Excise Tax Regime 61 ∗§ 21.16 Interrelationship with Private Inurement Doctrine 61 CHAPTER TWENTY–TWO: Legislative Activities by Tax–Exempt Organizations 63 § 22.3 Lobbying by Charitable Organizations 63 § 22.6 Legislative Activities of Business Leagues 63 CHAPTER TWENTY–THREE: Political Campaign Activities by Tax–Exempt Organizations 65 ∗§ 23.2 Prohibition on Charitable Organizations 65 ∗§ 23.4A “Religious Liberty” Executive Order 66 § 23.5 Political Activities of Social Welfare Organizations 67 § 23.7 Political Activities of Business Leagues 67 CHAPTER TWENTY–FOUR: Unrelated Business: Basic Rules 69 § 24.1 Introduction to Unrelated Business Rules 69 ∗§ 24.2 Definition of Trade or Business 69 ∗§ 24.3 Definition of Regularly Carried On 70 ∗§ 24.5 Contemporary Applications of Unrelated Business Rules 70 ∗§ 24.9 Unrelated Debt–Financed Income 72 § 24.10 Tax Structure 72 § 24.11 Deduction Rules 72 CHAPTER TWENTY–FIVE: Unrelated Business: Modifications, Exceptions, and Special Rules 75 ∗§ 25.1 Modifications 75 ∗§ 25.2 Exceptions 76 § 25.3 Special Rules 77 CHAPTER TWENTY–SIX: Exemption Recognition and Notice Processes 79 ∗§ 26.1 Recognition Application Procedure 79 ∗§ 26.2 Requirements for Charitable Organizations 93 § 26.3A Notice Requirements for Social Welfare Organizations 94 § 26.6 Requirements for Certain Prepaid Tuition Plans 95 ∗§ 26.9 Rules for Other Organizations 95 ∗§ 26.10 Group Exemption Rules 95 ∗§ 26.14 Forfeiture of Tax Exemption 96 § 26.14A Modification of Tax Exemption 96 § 26.15 Constitutional Law Aspects of Process 97 CHAPTER TWENTY–SEVEN: Administrative and Litigation Procedures 99 ∗§ 27.1 Administrative Procedures Where Recognition Denied 99 ∗§ 27.2 Revocation or Modification of Tax–Exempt Status: Administrative Procedures 101 ∗§ 27.3 Retroactive Revocation of Tax–Exempt Status 102 ∗§ 27.4 Tax Consequences of Retroactive Revocation of Exempt Status of Public Charities 103 ∗§ 27.6 Revocation of Tax–Exempt Status: Litigation Procedures 104 ∗§ 27.7 IRS Examination Procedures and Practices 105 ∗§ 27.10 IRS Disclosure to State Officials 108 CHAPTER TWENTY–EIGHT: Operational Requirements 109 § 28.1 Changes in Operations or Form 109 ∗§ 28.2 Annual Reporting Rules 110 ∗§ 28.3 Annual Information Return 110 ∗§ 28.11 IRS Document Disclosure Rules 111 ∗§ 28.12 Document Disclosure Obligations of Exempt Organizations 112 § 28.18 Tax–Exempt Organizations and Tax Shelters 113 § 28.19 International Grantmaking Requirements 113 CHAPTER TWENTY–NINE: Tax–Exempt Organizations and Exempt Subsidiaries 115 ∗§ 29.4A Potential of Attribution 115 § 29.6 Revenue from Tax–Exempt Subsidiary 116 CHAPTER THIRTY: Tax–Exempt Organizations and For–Profit Subsidiaries 117 ∗§ 30.2 Potential of Attribution to Parent 117 § 30.7 Revenue from For–Profit Subsidiary 117 CHAPTER THIRTY–TWO: Tax–Exempt Organizations: Other Operations and Restructuring 119 § 32.7 Single–Member Limited Liability Companies 119 § 32.10 Conversion from Nonexempt to Exempt Status 119 § 32.11 Conversion from One Exempt Status to Another 120 APPENDIX A: Sources of Tax–Exempt Organizations Law 121 Cumulative Table of Cases 127 Cumulative Table of IRS Revenue Rulings 157 Cumulative Table of IRS Revenue Procedures 171 Cumulative Table of IRS Private Determinations Cited in Text 173 Cumulative Table of IRS Private Letter Rulings, Technical Advice Memoranda, and Counsel Memoranda 191 Cumulative Table of Cases Discussed in Bruce R. Hopkins’ Nonprofit Counsel 225 Cumulative Table of IRS Private Determinations Discussed in Bruce R. Hopkins’ Nonprofit Counsel 239 Table of Tax Reform Legislation 265 Index 269