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An Overview of the IRS Proposed Changes to 501c4s

Mat Staver from the Liberty Council put together a good overview of the proposed changes to Social Welfare Organizations (501c4s). Below is a partial list that attempts to define political activity, changing the language that has stood for more than 50 years.

“IRS Regulation-134417-13, “Guidance for Tax-Exempt Social Welfare Organizations on Candidate-Related Political Activities,” is a proposed new regulation that is an outrageously brazen attempt by the IRS to silence the speech of 501(c)(4) organizations before the upcoming election. If implemented, the regulation would prohibit a 501(c)(4) from speaking to matters of public concern during the 2014 election cycle.

In part, the proposed regulation:

–Prohibits using words like “oppose,” “vote,” “support,” “defeat,” and “reject;”
–Prohibits mentioning, on its website or on any communication (email, letter, etc.) that would reach 500 people or more, the name of a candidate for office 30 days prior to a primary election and 60 days prior to a general election;
–Prohibits mentioning the name of a political party 30 days prior to a primary election and 60 days prior to a general election, if that party has a candidate running for office;
–Prohibits voter registration drives or conducting a nonpartisan “get-out-the-vote” drive;
–Prohibits creating or distributing voter guides outlining how incumbents voted on particular bills;
–Prohibits hosting candidates for office at any event, including debates and charitable fundraisers, 30 days prior to a primary election or 60 days prior to a general election, if the candidate is part of the event’s program;
–Prohibits distributing any materials prepared on behalf of a candidate for office;
–Restricts employees of such organizations from volunteering;
–Restricts the ability of officers and leaders of such organizations to make public statements regarding the nomination of judges;
–Creates a 90-day blackout period, in an election year, that restricts the speech of §501(c)(4) organizations;
–Declares political activity as contrary to the promotion of social welfare; and
–Protects labor unions and trade associations by not including them under the proposed regulations.

The proposed IRS regulation even restricts the ability of leaders within these organizations to speak publicly regarding legislative matters of public concern and to volunteer”

Tens of thousands of comments have been recorded during the IRS open comment session, which has now closed. While the 501c4s wait to hear the outcome, many have chosen not to be active right now, which is having an impact on the current 2014 election cycle..

The Budgets For Federal Regulators Are Clearly Too Big

The Wall Street Journal has run a couple of stories in recent months documenting the overreaching work of the FTC. In November, it ran a story describing how the FTC actually investigated whether The Music Teachers National Association was engaging in “anticompetitive practices”.

Because the non-profit, which had been in existence for years, did not have the financial resources to fight the investigation, the FTC laid out its conditions for continuation:

“It must, however, read a statement out loud at every future national MTNA event warning members against talking about prices or recruitment. It must send this statement to all 22,000 members and post it on its website. It must contact all of its 500-plus affiliates and get them to sign a compliance statement.

The association must also develop a sweeping antitrust compliance program that will require annual training of its state presidents on the potential crimes of robber-baron piano teachers. It must submit regular reports to the FTC and appoint an antitrust compliance officer.”

You can’t make this stuff up.

Then in January, the WSJ noted that the FTC won a victory over Apple with regard to the iPad.
The FTC maintains that the iPad apps did not clarify well enough that children could potentially access their parents money via a linked credit card on the iPad. So the FTC decided to go after Apple, the maker of the iPad.

A “class-action settlement didn’t require Apple to change its practices, while the FTC action requires the company to clearly disclose what consumers are authorizing when they enter their password. The FTC settlement also requires Apple to provide consumers with full refunds”.

So children were able to play games that their parents had chosen, and rack up money/debt through app purchases with a linked credit card that the parents had put on there — and that is the fault of Apple. Got it.

These recent FTC crusades are two prime examples of outrageous regulation and the stupidity of the FTC’s overwhelming overreach. If regulators have enough time to stick their noses in places that they don’t belong, or are just being meddlesome and counterproductive, then the Federal budgets for such regulation are clearly too large.

Obama On Oil Subsidies: He Was For It Before He Was Against It

This little gem came out today during the daily White House press briefing. Real Clear Politics is reporting that Ed Henry pressed Jay Carney about Obama’s vote in 2005 where he supported a bill which contained more than $2 billion in oil subsidies. This is one for which he didn’t vote “present”; he voted “yes”.  Click here for the amusing video exchange.

Henry: Why did the President vote for the energy bill in 2005 as a Senator that had over $2 billion in tax breaks for the oil industry? They were making a lot of money then too.

Carney: What I can tell you Ed is that the oil and gas companies in this country are making record profits, now, in 2012. The price at the pump is very high and that is plenty of incentive for these companies to continue drill, to continue to explore, to continue to develop energy sources here in the United States and abroad. There is no reason for the American taxpayer to subsidize that activity.

Henry: So why’d he vote for it?

Carney: I haven’t examined the vote, or what the prices were at the time, or the whole bill it was attached to. What I know and what the President knows is that this year, 2012, when we are seeing high prices at the pump, high prices in the international oil markets and high profits for the oil and gas companies, there is no reason to continue these kinds of subsidies. Take that argument to the people, I don’t think they’ll go along with it.

In previous writings, I’ve noted how politicians decry oil’s “record-profits” — but coincidentally forget to mention how much money the oil companies have invested just to earn said profits.

Interestingly, just today, the Senate only reached 51 (out of 60) votes on a measure that would have ended the subsidies. The vote was 51-47. Even the Democrats don’t want to end them.  They’d rather to pander to their base by “regulating” oil profits (H.R. 3784) by imposing a profit “windfall tax”.

I can’t wait (and wait and wait) to hear President Obama’s explanation on his 2005 vote….