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STANDARDS FOR EXEMPTION: INUREMENT, PRIVATE BENEFIT, AND EXCESS BENEFIT TRANSACTIONS.

  • Published In: Real Property, Trust & Estate Law Journal, 2024, v. 59, n. 1. P. 1 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Dale, Harvey P. 3 of 3

Abstract

This Article discusses three income tax regimes regulating section 501(c)(3) public charities: the proscription against inurement, the proscription against more-than-incidental private benefit, and the rules imposing excise taxes on excess benefit transactions. It explains how the three income tax regimes interact, and it argues that, after the enactment of section 4958's intermediate sanctions provisions, those excise taxes should almost always be the sole remedy, rather than revocation of tax-exempt status, for addressing violations of the anti-inurement rule. It also explores the meaning of the anti-inurement provision in section 501(c)(3), demonstrating that the words of the statute provide no useful guidance on the scope of that provision. [ABSTRACT FROM AUTHOR]

Additional Information

  • Source:Real Property, Trust & Estate Law Journal. 2024/03, Vol. 59, Issue 1, p1
  • Document Type:Article
  • Subject Area:History
  • Publication Date:2024
  • ISSN:2159-4538
  • Accession Number:177614325
  • Copyright Statement:Copyright of Real Property, Trust & Estate Law Journal is the property of American Bar Association and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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