-Caveat Lector-

http://www.freedomforum.org/news/2000/12/2000-12-27-03.htm

IRS Internet review worries tax-exempt groups

By The Associated Press

12.27.00

A quiet Internal Revenue Service examination of how to apply the tax law
restrictions for
tax-exempt organizations to the groups’ Internet Web sites has raised an alarm.
Some groups fear
the move could lead to excessive government intrusion and stifle free speech.

IRS officials, who published a notice in October seeking comment on the issue,
say they’re merely
considering whether to modernize laws that affect some 1.3 million entities
exempt from taxes
under section 501(c) of the tax code.

But others aren’t so sure.

“This request raises many concerns,” said House Majority Leader Dick Armey,
R-Texas. “The idea
of turning the tax man into a Net cop would have a chilling effect on free
speech on the Internet.”

Section 501(c) covers a wide range of tax-exempt organizations, including
religious institutions,
charities, foundations, public service entities and nonprofit groups. Those that
qualify for Section
501(c)(3) can accept tax-deductible contributions but can’t engage in political
activity. They can
take part only in “insubstantial” lobbying. In addition, there are rules
regarding income from
activities such as advertising, fund-raising and issue advocacy.

In its low-profile notice, released Oct. 16, the IRS asked for comment on a host
of questions about
how these rules translate to the increasing use of the Internet. Some tax-exempt
organizations have
raised concern that the IRS could hold them accountable� — and possibly
revoke their
tax-exempt status for their Web page links to political groups or for statements
made in Web
newsgroups or chat rooms.

“I am very concerned with the IRS proposal because of the difficulty I would
have with policing
links from the site,” said Jim Harper, who runs a 501(c)(3) privacy-policy site
called Privacilla.org.
“I would easily have more than 1,000 links, each of which the IRS could find to
be ‘advocacy’
because of the content on the other end.”

Another 501(c)(3) group, the Citizens’ Council on Health Care, which is based in
St. Paul, Minn.,
said in an e-mail that the IRS could produce rules that would “seriously limit
public discourse and
freedom of speech. Even if the Web site is eventually found to be innocent of
the IRS charge,
damage to the organization will be extensive.”

But officials with the Treasury Department say the idea for updated IRS
guidelines originated with tax-exempt groups themselves, including Independent
Sector, a coalition of leading nonprofit and philanthropic groups, and the
American Bar Association’s tax section.

Washington attorney Pamela Olson, chairwoman of the ABA tax section, said the
rules are “an
area where we definitely need guidance. I think Treasury is listening closely to
the comments.”

Judy Kindell, IRS tax law specialist in the exempt organizations division, said
the intent is to apply
existing law for tax-exempt groups to new practices made possible by the
Internet. The IRS, she
said, is not attempting to enact new restrictions or rewrite the law.

“We’re not trying to broaden our authority at all. We’re just trying to do our
job and move it to
the Internet age,” Kindell said.

Some of the negative comments, she added, “go back to the underlying
prohibition, not what
happens when you take existing activities and move them to the Internet.”

The IRS will accept comment on the issue through Feb. 13, and it is possible
officials will decide to
take no further action. If new guidelines are developed, Kindell said, it could
take months or even
years before they are finalized.




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