Blog Post # 2
Hello, here is my blog post for Tuesday January 18th.
In class last week we reviewed the nonprofit taxonomy, how they are organized, and the federal laws the IRS uses in governing them. One point of interest that immediately jumped out was how non-profits are organized. It’s interesting to see how the board of directors provides oversight, yet how difficult it is to get rid of them. Additionally, I was surprised to hear professor Choquette say that many charities would donate only 60% of their proceeds directly to their cause. At first this didn’t seem like much -- where did the money end up getting caught up? When the professor put it into perspective however, it made a lot more sense. It’s actually remarkable how a company can manage to pay all of its staffing fees, which must be considerably less than in a for-profit company, and manage to give away more than half of its revenue.
On Tuesday Professor Choquette went into the types of IRS 501(c) laws. I found one particularly interesting. In order to receive tax-exempt status the organization may not intervene “substantially” in political campaigns or attempt to introduce legislation. In order for a non-profit to serve some political function it must be registered as a 501(c)(4), which however, revokes its ability to deduct taxed contributions. The ability of 501(c)(4)’s can be powerful particularly in light of the most recent Supreme Court decision regarding them. In Citizen’s United v. FEC, a non-profit 501(c)(4), Citizen’s United attempted to air an electioneering campaign against Hillary Clinton in the 2008 democratic primaries. The broadcast was originally seen as conflicting against the McCain-Feingold Reform Act which restricted electioneering communications 30 days before primaries. The case was subsequently struck down and the airing was cancelled. However, the Supreme Court’s 2010 decision saw money as first amendment free speech and thus put no limitation on the amount of corporate (profit or 501(c)(4) non-profit) money. The view of the court is that there is no quid pro quo between indirect campaign expenditures and a candidate, and therefore one cannot limit speech (money). In my opinion the real danger of the case is the unlimited power it now gives corporations to campaign in an obviously quid pro quo relationship with the candidates, these dangers can also be real for non-profit 501(c)(4)’s. The case changes the ability of 501(c)(4)’s to act in a more political fashion.
One thing professor Choquette said in class particularly surprised me. He said that Lane County and Oregon are actually below the national average in non-profits per people. I thought that either one was pretty non-profit heavy. I think that one of the reasons could be that Oregon and Lane County probably have fewer churches than the rest of the country, but even so it was surprising.
The readings this week were fairly interesting. The one titled Charitable Deduction under Scrutiny was very relevant to the debates we’ve had in class. While trimming the charitable deduction tax write-off can be important for improving the federal debt, I found most of the arguments not compelling. I feel that non-profits need to be relevant, particularly in recessions. There was one part of it, however, that I had to agree with. One of the deficit-reduction plans was to eliminate the way the tax reductions are structured. The current system allows for taxpayers to write-off their donations in the same way as their tax rate. Therefore, the wealthiest tax payers get the biggest write-offs. Instead of a regressive tax rate, the donation incentive should be progressive so as to give the poorest households more incentive to donate. I thought the chapter on religion in the O’Neill book was decent, but not very insightful. One point of interest was the recent trend of secularism in America and how that will affect the separation of church and state dynamics if at all. I thought that this growing trend will be particularly relevant in the future but not yet in America, which is one of the more religious developed countries (O’Neill).