501(c)(4) Story

Statutory Guidance

• §501, Exemption from tax on corporations, certain trusts, etc.
• §501(c), List of exempt organizations
• §527, Political organizations
• §4958, Taxes on excess benefit transactions

Regulatory Guidance

• Treas. Reg. 1.501(c)(4)-1
• Proposed Rule Making, January 21, 1956, FR 460 – 482 (includes some additional language in describing social welfare that is not in the current regulations, see page 465)
• Notice of Propsed Rule Making, February 26, 1959, 24 FR 1421
• TD 6391, June 26, 1959, FR 5217
• Proposed regulations issued 11/29/13 - REG-134417-13 + IR-2013-92 (11/26/13)
  • Comments received on the proposed regulations
  • Congressman Camp reaction to the proposed regs (11/26/13 release)
    

IRS Information on §501(c)(4)

• Basics –

http://www.irs.gov/Charities-&-Non-Profits

http://www.irs.gov/Charities-&-Non-Profits/Charitable-Organizations

• Differences among types of 501 organizations and 527 organizations - chart
• IRS websites on 501(c)(4) organizations:

o       Social Welfare Purposes

      Includes this statement (emphasis added): "Although the Service has been making an effort to refine and clarify this area, [section] 501(c)(4) remains in some degree a catch-all for presumptively beneficial non-profit organizations that resist classification under the other exempting provisions of the Code.  Unfortunately, this condition exists because "social welfare" is inherently an abstruse concept that continues to defy precise definition"

o       Life Cycle of a Social Welfare Organization – information on creating and organizing a 501(c)(4), application process, required filings, and various requirements to satisfy

o       Social Welfare Organizations - Political Campaign Intervention (with several links to additional IRS resources)

o       1981 IRS training materials – "Social Welfare: What Does It Mean? How Much Private Benefit is Permissible? What is a Community?

o       1995 IRS training materials – "Political Organizations and 501(c)(4)"

o       FY2003 training materials – "IRC 501(c)(4) Organizations"

• 2008 and 2009 training materials obtained by Tax Analysts per FOIA request and court order (Jan 2014)

• Q&A on 501(c) organizations in response to TIGTA report
• • 12/10/13 internal memo - "Processing Guidelines for Section 501(c)(3) Applications Involving Potential Political Campaign Intervention"

• Other rulings - http://www.irs.treas.gov/uac/Rulings-and-Agreements-%E2%80%93-Part-7.

• IRS Information released June 24, 2013 on future handling of existing and new applications:
  • IRS News Release 2013-62, June 24, 2013
  • Letter 5228 letting applicants know of optional expedited process
  • IRS memo of June 25, 2013 on the expedited process
    
  • IRS memo of July 19, 2013 on amendment to expedited process
    
  • Full Report
  • Fact Sheet 2013-13. June 13,2013, IRS Offers New Streamlined Option for Certain 501(c)(4) Groups Caught in Application Backlog

• Publication 557, Tax-Exempt Status for Your Organization
• Publication 4221-NC, Compliance Guide for Tax-Exempt Organizations (other than 501(c)(3) Public Charities and Private Foundations)
• EO Update newsletters from IRS

• IRS 7/7/11 memo from Steven T. Miller, Deputy Commissioner for Services and Enforcement – IRS no longer pursuing issue of whether gift tax applies to contributions to 501(c)(4) organizations and closing current examinations involving this issue
  • IRS website supporting the memo and noting: "As we consider this issue, it is possible that Congress may choose to clearly articulate through legislation the applicability of the gift tax to contributions to 501(c)(4) organizations."

• Rev. Rul. 2004-6

• Rev. Rul. 81-95, 1981-1 CB 332
• Rev. Rul. 74-21, 1974-1 CB 14

• Rev. Rul. 68-45, 1968-1 CB 259

• Rev. Rul. 66-179, 1966-1 CB 139 – explanation of how a garden club might qualify under 501(c)(3), (4), (5) or (7)
• Rev. Rul. 61-153, 1961-2 CB 114

• General Counsel Memorandum 38215, 12/31/79 (related to Rev. Rul. 81-95)
• General Counsel Memorandum 35734, 3/19/1974
• General Counsel Memorandum 34345, 9/14/1970
• General Counsel Memorandum 33986, 12/2/1968
• General Counsel Memorandum 33495, 4/27/1967 
• General Counsel Memorandum 32394, 9/14/1962
• Information from the IRM
• EO FY2011 workplan
• FY2012 workplan

Other Government Information on 501(c)(4) Organizations and Related Items

• Congressional Research Service, 501(c)(3)s and Campaign Activity: Analysis Under Tax and Campaign Finance Laws, 9/10/13.
• Congressional Research Service, 501(c)(4)s and Campaign Activity: Analysis Under Tax and Campaign Finance Laws, by Lunder and Whitaker, 5/17/13.
• Joint Committee on Taxation report on the tax system with information and a table comparing different types of 501(c) orgnizations - Report To The House Committee On Ways And Means On Present Law And Suggestions For Reform Submitted To The Tax Reform Working Groups (JCS-3-13). See pages 19-43.

Timelines Related to the TIGTA Audit

• House Ways and Means Committee – timeline covering March 2010 to May 2013
• TIGTA report (pdf), Timeline of Events and Delays Involving the Processing of Potential Political Cases, April 2010 to May 2012, page 13.

Hearings and Related Reports

• 4/15/14 - "RNC Sues IRS For Illegal Stonewalling" - article from RNC.com
• 3/11/14 - Report of House Committee on Oversight and Government Reform, Lois Lerner's Involvement in the IRS Targeting of Tax-Exempt Organizations + website
• 3/12/14 - Letter to Congressman Cummings from Morton Rosenberg, Legislative Consultant on contempt citation
• 9/18/13 - House Ways and Means Committee - Internal Revenue Service’s Exempt Organizations Division Post-TIGTA Audit
• 7/18/13 - House Committee on Oversight and Government Reform - hearing on The IRS' Systematic Delay and Scrutiny of Tea Party Applications
• 6/28/13 - House Committee on Oversight and Government Reform - hearing on whether Lois Lerner waived her 5th Amendment privilege
  
  • Resolution passed by committee (22-17) holding that Lois Lerner waived her 5th Amendment privilege
  • Congresswoman Norton's substitute resolution (not passed)

• 6/27/13 - House Ways and Means Committee - Status of Internal Revenue Service’s Review of Taxpayer Targeting Practices
• 6/4/13 – House Ways and Means Committee - Hearing with Organizations Targeted by Internal Revenue Service for Their Personal Beliefs
• 6/3/13 – House Committee on Appropriations – Oversight Hearing. Testimony by IRS Acting Commissioner Werfel and J. Russell George, Treasury Inspector General for Tax Administration
• 5/29/13 letter from Congressmen Cantor, Camp and Issa to House Members
• 5/22/13 – House Committee on Oversight and Government Reform - The IRS: Targeting Americans for Their Political Beliefs. Testimony by Neal S. Wolin, Treasury Deputy Secretary; Douglas Shulman, former IRS Commissioner; Lois G. Lerner, IRS Director, Exempt Organizations (she did not provide testimony and "took the 5th Amendment"); and J. Russell George, Treasury Inspector General for Tax Administration
• 5/21/13 - Senate Finance Committee hearing - A Review of Criteria Used by the IRS to Identify 501(c)(4) Applications for Greater Scrutiny
• 5/20/13 letter from SFC to Acting Commissioner Miller
• 5/17/13 – House Ways and Means Committee - Internal Revenue Service Targeting Conservative Groups
• 5/14/13 letter from House Committee on Oversight and Government Reform to Lois Lerner seeking documents and noting possible erroneous answers to questions asked in recent years
• July 2012 HWM hearing  (search in the hearing transcript to find questions about 501(c)(4) asked of Mr. Miller

Investigation Information

• TIGTA report - Inappropriate Criteria Were Used to Identify Tax-Exempt Applications for Review, 5/14/13 (54 pages)
  • IRS Q&A on 501(c) organizations in response to TIGTA report
  • IRS Progress Chart with additional links - about the actions it is taking

• 9/23/13 - press release from Congressman Issa on Lois Lerner's retirement announcement
• 8/21/13 - letter from House Oversight Committee to "Holly Paz, the former top deputy of IRS Exempt Organization Director Lois Lerner" about possible inconsistencies in her statements.
• 8/14/13 - Tax Analysts (publisher of Tax Notes) filed a FOIA action against the IRS seeking its "provide training materials used for its guidance in exempt organizations determinations"
• 8/12/13 - letter from Congressmen Camp and Boustany to Acting Commissioner Werfel about continued screening of some 501(c)(4) applicants solely due to their name (such as Tea Party) even if they say there is no political activity.
• 8/7/13 - letter from Congressmen Issa and Jordan to FEC chairwoman; requests certain documents by 8/21/13
• 8/6/13 - op ed in Washington Post by Congressman Camp and Issa - "The IRS Scandal's Inconsistencies"
• 8/2/13 - House Committee on Oversight issues subpoena to Acting Commissioner Werfel for previously requested documents
• 6/24/13 - House Ways and Means Committee Democrats press release regarding "progressives" on BOLO lists
• 6/24/13 - letter from Congressman Levin (Ranking member Ways & Means) to TIGTA Russell George
  • 6/26/13 response letter from George to Levin
• 6/20/13 - H.R. 2458 (113th Congress) introduced to "terminate any Federal employee who refuses to answer questions or gives false testimony in a congressional hearing."
• 6/14/13 USA Today article on statements of Congressman Camp and Senator Baucus about the ongoing investigations
• Transcripts of interviews of IRS employees released by Congressman Issa, 6/2/13 from the House Committee on Oversight and Government Reform
  • 6/11/13 - Rep. Cumming's statement on release of transcripts of interviews with IRS employees; he indicates there may not have been any targeting
  • 6/10/13 Washington Post article,"Cummings: Cincinnati employees say their actions started IRS targeting efforts," by Josh Hicks
  • 6/9/13 - memo from Democratic staff to Members of House Oversight Committee
• 5/20/13 letter from Senate Finance Committee to Acting Commissioner Miller
  • Senator Baucus press release of 5/21/13 on the need to further investigage
  • Senator Hatch press release of 5/23/13 on the SFC investigation
• 5/16/13 - Senator Hatch press release about Senate Finance Republicans calling upon TIGTA to investigate possible improper disclosure by IRS

Other 501(c)(4) Issues

• 6/30/13 - FY2014 Objectives report of IRS National Taxpayer Advocate to Congress included special supplement - Political Activity and the Rights of Applicants for Tax-Exempt Status. Recommendations include having the FEC be involved in judging the level of political activity of a 501(c)(4) organization and making up to $1,000 "apology" payments to applicants affected by the recent 501(c)(4) controversy.
• 5/29/13 - lawsuit filed by American Center for Law and Justice (ACLJ) against the IRS on behalf of 25 Tea Party groups + Amended complaint (6/25/13)
• 5/21/13 - lawsuit brought against Dept. of Treasury by Citizens for Responsibility and Ethics in Washington (CREW), calling for Treasury to revise existing regulations to tie to the "exclusively" language of Section 501(c)(4). Petition includes some of the history of this issue.
• American Bar Association Taxation Section letter to IRS/Treasury of 5/16/12 suggesting items for the 2012/2013 priority guidance plan included:
  • "Guidance regarding the measurement and extent of political campaign activity by section 501(c) exempt organizations other than those exempt under subsection 501(c)(3), specifically including guidance concerning the application of reserved Regulation section 1.527-6(b)(3), “Expenditures allowed by Federal Election Campaign Act,” in light of the Citizens United v. Federal Election Commission, decision, which broadens the scope of activity that must be constitutionally permitted under FECA." 
• July 2011, the American Bar Association Taxation Section asked IRS for guidance on how the decision in Citizens United (558 US 310 (pdf) (2010)), affects the requirement that activities of a 501(c)(4) are primarily non-political (7/25/11 letter).
• May 2004 American Bar Association Taxation Section letter to IRS on 501(c)(4) issues and needed guidance

Section 501(c)(4) and Tax Reform

• CREW White Paper (Jan. 2014) - The Dark Money Debate: Responses to Arguments Against Reforming IRS Treatment of 501(c) Groups
• Senate Finance Committee options paper on tax-exempt organizations released 6/13/13
• Suggestions related to the gift tax issues (see above under IRS Information) - "Once and Future Gift Taxation of Transfers to Section 501(c)(4) Organizations: Current Law, Constitutional Issues, and Policy Considerations," by Ellen P. Aprill, Journal of Legislation and Public Policy, Vol 15: 289, Spring 2012, New York University School of Law.

 

Last updated 5/4/14.