IRS

A major spending bill posted late last night by Congressional leaders contains provisions shooting down two key initiatives of the campaign finance reform community. 

Stymied by a Federal Election Commission that has increasingly struggled to find consensus, campaign finance activists in recent years have turned their attention to other federal …
Continue Reading Congressional Spending Bill Shuts Down Key Goals of Campaign Finance Reform Community

Two items in last week’s news highlight that federal tax law remains an important consideration in the lead up to the 2014 and 2016 elections.

First, the IRS released a letter that denied the application of the Arkansans for Common Sense, a now defunct liberal group, for classification as a…
Continue Reading IRS Release Reflects Ongoing Scrutiny of Political Activity by Nonprofits

Earlier today, IRS Commissioner John Koskinen, in his first appearance before the House Appropriations subcommittee on Financial Services and General Government Oversight, stated that final regulations governing political activity by 501(c)(4) social welfare organizations are unlikely to be completed before the November elections.

His statement seems to differ from the…
Continue Reading Conflicting Signals on Finalizing the Proposed Treasury Regulations for 501(c)(4)s

Yesterday evening the Treasury and the IRS released, sooner than expected, proposed regulations that could fundamentally change the playing field for 501(c)(4) organizations active in politics.  The proposed regulations will be published in the Federal Register on Friday, November 29.  The pre-publication version is here.

Highlights

The proposed regulations…
Continue Reading Proposed IRS Regulations for 501(c)(4)s: Sooner Than Expected, But Probably Too Late

Twenty House Democrats yesterday introduced proposed legislation that, if enacted in its current form, would amend the Federal Election Campaign Act of 1971 to:

  • Require corporations and labor unions which “submit[] regular, periodic reports” to their shareholders and members to include certain detailed information concerning their political spending.  That information

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Continue Reading OPEN Sesame or a Potemkin Village?

The IRS on Tuesday issued its eagerly anticipated 30-day report summarizing its initial review and assessment of “what went wrong” in connection with the IRS’s use of inappropriate criteria to screen exemption applications from Tea Party groups seeking recognition that they are 501(c)(4) social welfare organizations.  We had previously blogged…
Continue Reading Charting a Path Forward for Certain 501(c)(4) Organizations, and Perhaps Others

All eyes are on the IRS and its regulation of 501(c)(4) organizations these days, with the agency’s mishandling of exemption applications, the release of the Treasury Inspector General’s report, and the lengthy hearings held by the House Ways and Means Committee, the Senate Finance Committee, and the House Oversight…
Continue Reading Group Sues Treasury and IRS to Amend 501(c)(4) Regulations

Late yesterday afternoon, the Treasury Inspector General for Tax Administration released its eagerly awaited report on its investigation into the IRS’s use of inappropriate criteria for screening tax-exempt applications (“IG Report”). The Inspector General initiated its investigation after members of Congress raised concerns during the 2012 election cycle that the…
Continue Reading Treasury Inspector General to IRS: Yes, That Was Wrong

This morning the Senate Judiciary Committee Subcommittee on Crime and Terrorism held a hearing on “Current Issues in Campaign Finance Law Enforcement.”  The focus of the hearing was what the Department of Justice and Internal Revenue Service are doing to enforce campaign finance law violations post-Citizens United with respect…
Continue Reading Senate Judiciary Committee Holds Campaign Finance Enforcement Hearing