The law of tax-exempt organizations

목차 (Table of Contents)

• CONTENTS
• PART I: INTRODUCTION TO THE LAW OF TAX-EXEMPT ORGANIZATIONS = 1
• 1 Rationale for Tax-Exempt Organizations = 3
• 1.1 Defining "Tax-Exempt Organizations" = 3
• 1.2 Historical Considerations = 6
• 1.3 Public Policy and National Heritage = 8
• 1.4 Inherent Tax Theory = 16
• 1.5 Freedom of Association = 17
• 1.6 Other Rationales = 19
• 1.7 Statistical Profile of Sector = 21
• 1.8 Categories of Tax-Exempt Organizations = 27
• 2 Advantages and Disadvantages of Tax Exemption = 29
• 2.1 Source of Tax Exemption = 29
• 2.2 Advantages = 31
• 2.3 Disadvantages = 36
• 2.4 Alternatives to Tax-Exempt Status = 36
• 3 Criticisms of Tax Exemption and Charitable Contribution Deductions = 40
• 3.1 Criticisms in General = 40
• 3.2 Charitable Contribution Rules = 41
• 3.3 The "Equity" Argument = 45
• 3.4 The "Matching Grant" Argument = 46
• 3.5 Filer Commission Recommendations = 46
• 3.6 Tax Expenditures = 48
• 3.7 Other "Reforms" = 50
• 4 The Future for Tax-Exempt Organizations = 52
• 4.1 Tax Exemption, the Charitable Contribution Deduction, and Tax Reform = 52
• 4.2 Rationale for Tax-Exempt Status = 57
• 4.3 Tax Exemption: A Commentary = 62
• PART II: CHARITABLE ORGANIZATIONS = 67
• 5 Scope of Term "Charitable" = 69
• 5.1 Legal Definitions of Term "Charitable" = 70
• 5.2 Historical Background = 70
• 5.3 Federal Tax Law Definition of "Charity" = 72
• 5.4 The Public Policy Doctrine = 77
• 5.5 Public Policy Doctrine and Discrimination = 84
• 5.6 Evolution of the Statutory Scheme = 98
• 5.7 General Concepts = 100
• 6 Organizational and Operational Tests = 109
• 6.1 Organizational Test = 109
• 6.2 Operational Test = 117
• 7 Charitable Organizations = 123
• 7.1 Relief of Poverty = 123
• 7.2 Advancement of Religion = 127
• 7.3 Advancement of Education or Science = 129
• 7.4 Lessening the Burdens of Government = 132
• 7.5 Community Beautification and Maintenance = 135
• 7.6 Promotion of Health = 136
• 7.7 Promotion of Social Welfare = 150
• 7.8 Promotion of the Arts = 153
• 7.9 Public Interest Law Firms = 156
• 7.10 Local Economic Development Corporations = 158
• 7.11 Consortia = 162
• 7.12 Government Instrumentalities = 169
• 7.13 Other Categories of Charitable Organizations = 174
• 8 Educational Organizations = 177
• 8.1 Scope of Term "Educational" = 177
• 8.2 Formal Educational Organizations = 178
• 8.3 Instruction of Individuals = 179
• 8.4 Instruction of the Public = 183
• 8.5 "Educational" Activity as a Business = 188
• 8.6 "Educational" vs. "Propaganda" = 193
• 8.7 Child Care Organizations = 198
• 9 Religious Organizations = 200
• 9.1 The Constitutional Law Framework = 200
• 9.2 General Concept of "Religious" = 203
• 9.3 "Churches" = 220
• 9.4 Religious or Apostolic Organizations = 229
• 10 Scientific Organizations = 233
• 10.1 General Concept of "Science" = 233
• 10.2 Concept of "Research" = 234
• 10.3 Requirement of "Public Interest" = 237
• 10.4 "Scientific" as "Charitable" or "Educational" = 238
• 10.5 Private Benefit Doctrine = 239
• 11 Other "Charitable" Organizations = 240
• 11.1 The "Literary" Organization = 240
• 11.2 Public Safety Testing Organizations = 240
• 11.3 Prevention of Cruelty Organizations = 241
• 11.4 Cooperative Hospital Service Organizations = 241
• 11.5 Cooperative Educational Service Organizations = 245
• 11.6 Amateur Sports Organizations = 246
• 12 The "Exclusively" Doctrine = 249
• 12.1 "Primary Purpose" Rule = 249
• 12.2 Contemporary Status of the Concept = 254
• 12.3 Operations for Profit = 257
• 13 Private Inurement = 264
• 13.1 Essence of Private Inurement = 264
• 13.2 The Requisite "Insider" = 266
• 13.3 Private Inurement―Scope and Types = 274
• 13.4 "Net Earnings" = 291
• 13.5 "Incidental" Private Inurement = 293
• 13.6 Private Inurement Per Se = 294
• 13.7 Private Benefit Distinguished = 297
• 14 The Legislative Activities Limitation = 300
• 14.1 Legislative History = 300
• 14.2 Meaning of "Legislation" = 302
• 14.3 Legislative Activities = 303
• 14.4 Measuring "Allowable" Lobbying = 308
• 14.5 Other Aspects of the Expenditure Test = 314
• 14.6 The "Action" Organization = 318
• 14.7 Nonpartisan Analysis／Research or Propaganda = 318
• 14.8 Constitutional Law Considerations = 319
• 14.9 Lobbying Expenditures and Taxes = 325
• 15 The Political Activities Limitation = 327
• 15.1 Legislative History = 327
• 15.2 Scope of Proscription = 328
• 15.3 "Political Campaign" Activities = 328
• 15.4 Educational or Political Activities = 338
• 15.5 Treatment of Activist Organizations = 339
• 15.6 Taxation of Political Activities = 344
• 15.7 Political Expenditures and Taxes = 346
• 15.8 The Political Campaign Proscription: A Commentary = 349
• PART III: PRIVATE FOUNDATIONS = 353
• 16 Introduction to Private Foundations = 355
• 16.1 Background = 355
• 16.2 Organizational Rules = 359
• 17 "Private Foundations" and "Public Charities" = 362
• 17.1 "Public" Institutions = 364
• 17.2 Publicly Supported Organizations―Donative Entities = 369
• 17.3 Publicly Supported Organizations―"Service Provider" Organizations = 377
• 17.4 A Comparative Analysis of the Two Categories of Publicly Supported Charities = 386
• 17.5 Supporting Organizations = 387
• 17.6 Noncharitable Supported Organizations = 402
• 17.7 Relationships Created for Avoidance Purposes = 402
• 17.8 Reliance by Grantors and Contributors = 403
• 17.9 Other Rules = 406
• 17.10 Public Safety Organizations = 406
• 18 Types of Private Foundations = 408
• 18.1 Private Operating Foundations = 408
• 18.2 Conduit Foundations = 417
• 18.3 "Common Fund" Foundations = 418
• 18.4 Research and Experimentation Funds = 419
• 18.5 Other Types of "Foundations" = 421
• 19 Disqualified Persons = 422
• 19.1 Substantial Contributors = 422
• 19.2 Foundation Managers = 425
• 19.3 Certain 20 Percent Owners = 425
• 19.4 Family Members = 427
• 19.5 Corporations = 428
• 19.6 Partnerships = 428
• 19.7 Trusts or Estates = 428
• 19.8 Private Foundations = 429
• 19.9 Governmental Official = 429
• 19.10 Special Rules = 431
• 20 Self-Dealing = 432
• 20.1 Background = 432
• 20.2 Indirect Self-Dealing = 434
• 20.3 Self-Dealing Transactions = 436
• 20.4 Definitions = 451
• 20.5 Sanctions = 453
• 21 Mandatory Distributions = 458
• 21.1 Distribution Requirement―In General = 458
• 21.2 Qualifying Distributions = 465
• 21.3 Set-Asides = 469
• 21.4 Valuation of Assets = 472
• 21.5 Exception for Certain Accumulations = 474
• 21.6 Sanctions = 475
• 22 Excess Business Holdings = 477
• 22.1 General Rules = 477
• 22.2 Permitted and Excess Holdings = 480
• 22.3 Present Holdings and Delayed Divestiture = 481
• 22.4 Transitional Rule = 484
• 22.5 Sanctions = 485
• 23 Jeopardizing Investments = 486
• 23.1 General Rules = 486
• 23.2 Program-Related Investments = 488
• 23.3 Sanctions = 490
• 24 Taxable Expenditures = 492
• 24.1 Legislative Activities = 493
• 24.2 Electioneering = 497
• 24.3 Grants to Individuals = 498
• 24.4 Expenditure Responsibility = 509
• 24.5 Noncharitable Purposes = 516
• 24.6 Sanctions = 518
• 25 Tax on Investment Income = 520
• 25.1 General Rules = 521
• 25.2 Exemptions from Tax = 527
• 26 Termination of Status = 529
• 26.1 Voluntary Termination = 530
• 26.2 Involuntary Termination = 531
• 26.3 Transfer of Assets to a Public or Publicly Supported Charity = 531
• 26.4 Operation as a Public or Publicly Supported Charity = 535
• 26.5 Termination Tax = 536
• 26.6 Abatement = 537
• 26.7 Transfers to Private Foundations = 538
• 27 Nonexempt Trusts and Foreign Foundations = 540
• 27.1 Charitable Trusts = 540
• 27.2 Split-Interest Trusts = 542
• 27.3 Foreign Private Foundations = 543
• PART IV: OTHER TAX-EXEMPT ORGANIZATIONS = 547
• 28 Social Welfare Organizations = 549
• 28.1 Concept of "Social Welfare" = 549
• 28.2 The Requisite "Community" = 553
• 28.3 Prohibition on Private Gain = 558
• 28.4 Legislative and Political Activities = 562
• 28.5 Prepaid Health Care Plans = 562
• 28.6 Comparisons with Charitable Organizations = 564
• 28.7 Insurance Activities = 568
• 28.8 Fund-Raising Disclosure = 569
• 29 Business Leagues and Similar Organizations = 572
• 29.1 Business Leagues in General = 572
• 29.2 Professional Organizations = 579
• 29.3 Health Care Organizations = 581
• 29.4 Trade Associations = 582
• 29.5 Legislative Activities of Business Leagues = 584
• 29.6 Nonqualifying Business Leagues = 585
• 29.7 Chambers of Commerce, Boards of Trade, Etc. = 593
• 29.8 Consequences of Abandonment of IRC 501(c)(6) Status = 594
• 30 Social Clubs = 597
• 30.1 General Rules = 597
• 30.2 Private Inurement Doctrine = 601
• 30.3 Public Use of Club Facilities = 602
• 30.4 Taxation of Social Clubs = 606
• 30.5 Sale of Club Assets = 612
• 30.6 Racial Discrimination = 613
• 31 Labor, Agricultural, and Horticultural Organizations = 616
• 31.1 Labor Organizations = 616
• 31.2 Agricultural Organizations = 621
• 31.3 Horticultural Organizations = 625
• 32 Employee Benefit Funds = 626
• 32.1 IRS Organization = 626
• 32.2 Overview of Employee Benefits Law = 627
• 32.3 Special Rules for Certain Welfare Benefit Funds = 635
• 32.4 Voluntary Employees' Beneficary Associations = 636
• 32.5 Supplemental Unemployment Benefit Trusts = 640
• 32.6 Group Legal Service Organizations = 642
• 32.7 Black Lung Benefits Trusts = 643
• 32.8 Multiemployer Pension Plan Trusts = 645
• 32.9 Certain Employee Trusts = 646
• 32.10 Certain Funded Pension Trusts = 646
• 32.11 Teachers' Retirement Fund Associations = 646
• 32.12 Retirement Plans = 646
• 33 The Political Organization = 648
• 33.1 Background of Tax Exemption = 648
• 33.2 Overview of Tax Exemption = 650
• 33.3 The Organizational and Operational Tests = 653
• 33.4 Taxation of Political Organizations = 653
• 33.5 Principal Campaign Committees and Newsletter Funds = 656
• 33.6 Taxation of Exempt Organizations That Are Not Political Organizations = 658
• 33.7 Avoiding the Political Tax = 660
• 33.8 Related Federal Election Laws = 663
• 34 Other Tax-Exempt Organizations = 665
• 34.1 United States Instrumentalities = 665
• 34.2 Title-Holding Corporations = 666
• 34.3 Local Employees' Associations = 670
• 34.4 Fraternal Organizations = 672
• 34.5 Benevolent or Mutual Organizations = 676
• 34.6 Cemetery Companies = 682
• 34.7 Credit Unions and Mutual Reserve Funds = 686
• 34.8 Mutual Insurance Companies = 688
• 34.9 Crop Operations Finance Corporations = 689
• 34.10 Veterans' Organizations = 690
• 34.11 Farmers' Cooperatives = 693
• 34.12 Shipowners' Protection and Indemnity Associations = 701
• 34.13 Homeowners'Associations = 702
• 34.14 States, Political Subdivisions, Instrumentalities, Etc. = 704
• 34.15 Other Exempt Organizations = 711
• 34.16 Proposed Exempt Organizations = 712
• PART V: QUALIFICATION OF EXEMPT ORGANIZATIONS: SUBSTANCE AND PROCEDURE = 715
• 35 Form of Organization and Governing Instruments = 717
• 35.1 Considerations of Form = 717
• 35.2 Governing Instruments = 719
• 36 Exemption Recognition Process = 721
• 36.1 Recognition Application Procedure = 722
• 36.2 Special Requirements for Charitable Organizations = 733
• 36.3 Non-Private Foundation Status = 737
• 36.4 Special Requirements for Employee Benefit Organizations = 742
• 36.5 Group Exemption = 742
• 36.6 Organizations with "Tax-Exempt" Integral Components = 748
• 36.7 Procedure Where Determination Is Adverse = 750
• 37 Maintenance of Tax-Exempt Status = 753
• 37.1 Material Changes = 753
• 37.2 Change in Form = 756
• 37.3 Tax Consequences of Retroactive Revocation of Tax-Exempt Status of Public Charities = 757
• 37.4 Annual Reporting Requirements = 763
• 37.5 Private Foundation Publicity Requirements = 781
• 37.6 Publicity of Information in General = 782
• 37.7 Disclosure as to Certain Information or Services = 787
• 37.8 Revocation of Exemption: Judicial Alternatives = 788
• 37.9 Third-Party Litigation = 804
• 37.10 The IRS Audit = 815
• PART IV: THE COMMERCIALITY DOCTRINE AND UNRELATED BUSINESS INCOME TAXATION = 827
• 38 The Commerciality Doctrine = 829
• 38.1 Introduction = 829
• 38.2 Judicial Origins of the Commerciality Doctrine = 833
• 38.3 Interrelationship with Exclusively Doctrine = 842
• 38.4 A Perspective = 843
• 39 Feeder Organizations = 845
• 40 Taxation of Unrelated Income = 850
• 40.1 Introduction = 850
• 40.2 Tax Structure = 853
• 40.3 Deduction Rules = 854
• 40.4 Special Rules = 857
• 40.5 Partnership Rules = 858
• 41 Unrelated Trade or Business = 860
• 41.1 Introduction = 860
• 41.2 Definition of'Trade or Business" = 861
• 41.3 Definition of "Regularly Carried On" = 871
• 41.4 Definition of "Substantially Related" = 874
• 41.5 Special Applications of Unrelated Income Rules = 885
• 42 Exceptions to Unrelated Income Taxation = 936
• 42.1 Modifications = 936
• 42.2 Exceptions = 952
• 43 Unrelated Debt-Financed Income = 962
• 43.1 Introduction = 962
• 43.2 Debt-Financed Property = 963
• 43.3 Acquisition Indebtedness = 966
• 43.4 Computation of Unrelated Debt-Financed Income = 973
• PART VII: INTER-ORGANIZATIONAL STRUCTURES AND OPERATIONAL FORMS = 977
• 44 Combinations of Tax-Exempt Organizations = 979
• 44.1 Introduction = 979
• 44.2 Charitable Subsidiaries of Business Leagues = 981
• 44.3 Charitable Subsidiaries of Other Tax-Exempt Organizations = 983
• 44.4 Charitable Subsidiaries of U.S. Charitable Organizations = 984
• 44.5 Charitable Subsidiaries of Foreign Charities = 985
• 44.6 Tax-Exempt Subsidiaries of Charitable Organizations = 990
• 44.7 Treatment of Contributions and Other Payments = 990
• 45 Tax-Exempt Organizations and For-Profit Subsidiaries = 993
• 45.1 Structural Considerations = 993
• 45.2 Financial Considerations = 998
• 45.3 Treatment of Revenue from Subsidiary = 999
• 45.4 Subsidiaries in Partnerships = 1001
• 45.5 Title-Holding Corporations Revisited = 1002
• 46 Tax-Exempt Organizations, Partnerships, and Joint Ventures = 1003
• 46.1 Real Estate Acquisitions = 1003
• 46.2 Some Basics about Partnerships = 1005
• 46.3 The Tax Exemption Issue = 1006
• 46.4 The IRS Position―A History = 1007
• 46.5 The Current IRS Position = 1010
• 46.6 The IRS Position: A Commentary = 1011
• 46.7 Joint Ventures = 1016
• 46.8 Information Reporting = 1018
• 46.9 Alternatives to Partnerships = 1019
• 46.10 Some Related Considerations = 1020
• 47 Tax-Exempt Entity Leasing Rules = 1022
• 47.1 Introduction = 1022
• 47.2 Summary of Rules = 1023
• 47.3 Tax Reform Act of 1986 Changes = 1027
• 47.4 Planning Considerations = 1030
• 48 Organizational and Operational Considerations = 1034
• 48.1 Organizational Considerations = 1034
• 48.2 Operational Considerations = 1037
• Appendices
• A. Sources of the Law = 1043
• B. Internal Revenue Code Sections = 1051
• C. IRS Key District Offices = 1055
• D. Application for Recognition of Exemption (Form 1023) = 1056
• E. Return of Organization Exempt from Income Tax (Form 990) = 1084
• F. Exempt Organization Business Income Tax Return (Form 990-T) = 1094
• Table of Cases = 1098
• Table of IRS Revenue Rulings and Revenue Procedures = 1119
• Table of IRS Private Letter Rulings and Other Items = 1128
• Table of IRS Private Determinations Cited in Text = 1146
• Index = 1149