Tax Planning and Compliance for Tax-Exempt Organizations, Fifth Edition 2019 Cumulative Supplement, 5th Edition
by Jody Blazek
CHAPTER 17Taxable Expenditures: IRC § 4945
§ 17.1 Lobbying
p. 452. Add at end of introduction:
A private foundation and its founder were found to be liable for excise taxes as the result of taxable expenditures for costs of producing and broadcasting radio messages that were held to be attempts to influence legislation.1 As a foundation manager, the founder agreed to the making of the expenditures. In addition to finding liability for the taxes, the court further determined that, because the taxable expenditures were not timely corrected, the foundation and its founder are liable for additional excise taxes.2
The messages, plus newspaper advertisements, were held to be direct lobbying expenditures because they were targeted at a state ballot initiative, where the voters are considered the legislative body.3 Legislative activity is deemed to occur where a communication “refers to and reflects a view on” a measure that is the subject of a ballot initiative or similar procedure.
The court held that a communication is subject to excise taxation if it refers ...