Re-embracing the Commensurate Test

According to the Chronicle of Philanthropy (May 13, 2008), the IRS, in a recent private-letter ruling, denied a tax exemption to an organization for not spending enough of its money on charitable programs. Although the recipient’s identity was not released, the organization is believed to be the National Foundation...

TE/GE Commissioner Speaks at Georgetown Law Center

This past April, Steven Miller, Commissioner of Tax Exempt and Government Entities (TE/GE) for the Internal Revenue Service spoke at Georgetown law school regarding nonprofit governance and management. Mr. Miller first addressed governance issues, which he believes cuts across virtually everything the IRS sees and does in its work....

Final 501(c)(3) and 4958 Regulations Released – Part II

The IRS released final regulations that clarify (i) the substantive requirements for tax exemption under section 501(c)(3) of the Internal Revenue Code; and (ii) the relationship between the substantive requirements for tax exemption under section 501(c)(3) and the imposition of section 4958 excise taxes on excess benefit transactions.  The...

Final 501(c)(3) and 4958 Regulations Released – Part I

The IRS released final regulations that clarify (i) the substantive requirements for tax exemption under section 501(c)(3) of the Internal Revenue Code; and (ii) the relationship between the substantive requirements for tax exemption under section 501(c)(3) and the imposition of section 4958 excise taxes on excess benefit transactions.  The...