Wednesday, January 9, 2013
Running Scared: ALEC Anticipating an IRS Audit?
Running Scared: ALEC Anticipating an IRS Audit?
|
by Brendan Fischer — December 14, 2012 -
8:17am The American Legislative Exchange Council (ALEC) appears to be anticipating an Internal Revenue Service (IRS) audit, after multiple complaints challenging the "corporate bill mill's" charitable status, based on documents recently obtained by Bloomberg News. According to internal ALEC documents, the organization has discussed forming a nonprofit organized under Section 501(c)(4) of the tax code, apparently in anticipation of the IRS revoking ALEC's current "charitable" status. Charities (which are organized under Section 501(c)(3) of the tax code) as well as nonprofits are tax exempt, but ALEC's charitable status had allowed its corporate members to write-off their ALEC membership dues and costs as tax-deductible charitable contributions. ALEC's charitable status has been challenged in multiple IRS complaints in the past year -- and despite publicly dismissing the allegations as "patently false" and "ignor[ing] applicable law," behind the scenes, ALEC's leadership apparently recognizes their vulnerability. ALEC Executive Director Ron Scheberle discussed forming a 501(c)(4) called "ALEC NOW" in an August memo, claiming that if a 501(c)(4) were "operating fully prior to an IRS audit," the agency might allow the newly-formed (c)(4) to continue operating and take over activities impermissible for a (c)(3) charity. "ALEC is now grasping at straws," said Nick Surgey of Common Cause, which has challenged ALEC's charitable status. "This leaked memo exposes a desperate attempt to find a "get out of jail free card" before an inevitable full-scale IRS audit." IRS rules are clear that a charity which loses its exemption for excessive lobbying cannot reorganize as a 501(c)(4). But nonprofit law experts tell the Center for Media and Democracy that ALEC may be able to get around this rule by forming the (c)(4) in advance of the audit. ALEC's Charitable Status Challenged ALEC is afforded a variety of government-conferred benefits by virtue of its "charity" status -- not least of which is giving corporations a tax deduction for paying ALEC membership dues -- but in exchange for those benefits, ALEC is supposed to engage in minimal lobbying and primarily serve public or charitable interests, rather than private interests. In April, Common Cause filed a whistleblower complaint, backed by hundreds of pages of documents, alleging ALEC violates its charitable status by engaging in substantial lobbying through the development, promotion, and dissemination of corporate-sponsored "model" bills. In July, former IRS Exempt Organizations head Marcus Owens (on behalf of a group called Clergy VOICE) filed another complaint arguing ALEC exists for the private benefit of its corporate members and had misrepresented itself in its tax filings. Owens filed a followup complaint in October based on contradictory claims ALEC had made to the IRS and Wisconsin's Government Accountability Board about the "scholarship" program that allows corporations to pay for legislators' flights and hotel rooms; those contradictory claims were initially highlighted by the Center for Media and Democracy. The Voters Legislative Transparency Project (VLTP) also filed a complaint. "The evidence of ALEC's abuse [of its charitable status] is so extensive," Surgey said, "that it is difficult to think the IRS could be fooled by a non-profit law version of the cup and ball magic trick," where ALEC continues functioning after revocation just by setting up a new nonprofit entity. Rough Year for ALEC The leaked memo caps a difficult year for ALEC that has seen it shed over 40 major corporate members and the loss of more than 70 legislative members ALEC came under particularly intense criticism starting in March 2012 for its national drive to promote the "Stand Your Ground" gun law that initially shielded 17-year-old Trayvon Martin's killer from prosecution, and weathered additional criticism in the following months over its role in advancing laws that make it harder to vote, that criminalize immigrants, protect corporations from civil liability, thwart environmental regulations, and cut holes in the social safety net -- all while enjoying tax-exempt "charitable" status. Most recently, ALEC has been directly tied to Michigan's anti-union "right to work" push, with the language in the Michigan law lifted verbatim from the ALEC model. http://www.prwatch.org/news/2012/12/11907/running-scared-alec-anticipating-irs-audit |
national sludge-ban petition
Subject: URGENT: please sign the national sludge-ban petition
Please sign the We The People
White House petition that urges President Obama to work with the new EPA
administrator to ban the land application of sewage sludge
https://petitions.whitehouse.gov/petition/work-new-epa-administrator-ban-land-application-sewage-sludge-also-called-biosolids/1FKsqX5Z
Post the URL on your webpage, blogs, or publications. Yesterday we got 90 signatures! But to keep up that momentum, we need to make the URL widely available and visible. We hope to get at least 2000 signatures and need everyone to help.
Sign it, urge your friends, neighbors, colleagues to sign, use facebook and other social networks.
Many thanks,
Caroline Snyder
____________________________________________________________________________
https://petitions.whitehouse.gov/petition/work-new-epa-administrator-ban-land-application-sewage-sludge-also-called-biosolids/1FKsqX5Z
Post the URL on your webpage, blogs, or publications. Yesterday we got 90 signatures! But to keep up that momentum, we need to make the URL widely available and visible. We hope to get at least 2000 signatures and need everyone to help.
Sign it, urge your friends, neighbors, colleagues to sign, use facebook and other social networks.
Many thanks,
Caroline Snyder
____________________________________________________________________________
Teachers In Ohio, Texas Flock To Free Gun Training Classes
This is the ONE issue that has awakened the 'sleeping masses'!
http://www.courant.com/news/connecticut/hc-training-teachers-to-use-guns-0109-20130108,0,4582657.story
Courant.com
Teachers In Ohio, Texas Flock To Free Gun Training Classes
By KIM PALMER and JIM FORSYTH, ReutersThe Hartford Courant
5:27 PM EST, January 8, 2013
School teachers in Texas and Ohio are flocking to free firearms classes in the wake of the Connecticut elementary school massacre, some vowing to protect their students with guns even at the risk of losing their jobs.
In Ohio, more than 900 teachers, administrators and school employees asked to take part in the Buckeye Firearms Association's newly created, three-day gun training program, the association said.
In Texas, an $85 Concealed Handgun License (CHL) course offered at no cost to teachers filled 400 spots immediately, forcing the school to offer another class, one instructor said.
"Any teacher who is licensed and chooses to be armed should be able to be armed," said Gerald Valentino, co-founder of the Buckeye Firearms Association. "It should be every teacher's choice."
The Dec. 14 tragedy in Newtown, Conn., sparked a national debate about whether to arm teachers, prompting passionate arguments on both sides.
The deaths of 6- and 7-year-old school children led President Barack Obama to promise "meaningful action" to curtail gun violence, while the National Rifle Association has advocated arming teachers and placing trained guards in each of the country's 100,000 schools.
Ohio and Texas are not the first to offer no-cost arms training to teachers. Just days after the Connecticut mass murder, some 200 teachers in Utah underwent free instruction from gun activists.
Critics ridicule arming teachers as a foolhardy idea promoted by overzealous gun enthusiasts, saying it would only add danger to the classroom while distracting teachers from their job of educating children.
Supporters say an armed teacher could have stopped the massacre at Sandy Hook, where a 20-year-old man armed with a military-style assault rifle killed 20 children and six adults before killing himself.
"What we know is that these spree killers are looking for the highest death toll possible. They look for no-gun zones like schools," Valentino said. "It doesn't make sense that we guard our gold with guns and we guard our kids with hope."
The Buckeye Firearms Association, which successfully lobbied for 2004 legislation allowing people to carry concealed handguns, is offering all eligible state educators free admission to what it calls "an intensive three-day class where you will learn many of the same skills and tactics used by first responders."
Of the more than 900 applicants so far, 73 percent were teachers and 10 percent were kindergarten teachers, Valentino said. Sixty percent were male and 51 percent worked in high schools, he said.
Guns And The Law
Ohio law does not expressly prohibit guns in schools and leaves it to each individual school board to set policy. Ohio Attorney General Mike DeWine referred to teachers as "first responders" after the Connecticut shootings and announced his office would expand safety training for Ohio school employees.
Texas state law allows teachers who have concealed handgun permits to carry weapons into public school classrooms as long as they have permission from the district superintendent.
Measures introduced in the Texas legislature since the Sandy Hook shooting would make it easier to carry firearms onto college campuses and into schools and other public places where weapons are now banned.
Josh Felker, who teaches the firearms classes in suburban San Antonio, said many of the teachers have told him they plan to carry weapons into their classrooms, even at risk of losing their jobs.
"They are upset at what happened, and no one is going to hurt their kids," said Felker, who offered the class to teachers for free over the holiday break. "One teacher said flat out, 'I don't care if the law changes or not, I'm going to take it to school.' Most of them just want to protect their kids."
On Thursday, the Ohio Peace Officer Training Academy will offer its first "Active Shooter Training Response for Educators Course," which up to now has been reserved for police officers.
One Texas superintendent who since 2008 has given permission to teachers with handgun licenses to carry a gun in school is David Thweatt, who heads the rural Harrold Independent School District, about 175 miles (280 km) northwest of Dallas.
"First they have to have a concealed handgun license, they have to be approved to carry on our campus, they have to undergo additional training, and they are limited to ammunition which breaks apart when it hits a hard object," Thweatt said.
He said he decided to allow teachers to carry weapons in class because in his rural district "law enforcement would never make it here on time" in case of an emergency.
Although the names of teachers who carry weapons were meant to remain confidential, their identities were widely known in town, Thweatt said.
Valentino was adamant that Ohio's armed teachers remain anonymous, citing concerns that local media might reveal who was taking the course.
"The idea is for no one to know what teachers might be carrying. It would be very dangerous to identify these teachers. We don't want to put a target on them," Valentino said.
Texas Republican State Rep. Debbie Riddle has introduced a measure to require school boards and superintendents to give permission to teachers who have completed the concealed handgun licensing course to carry weapons into the classroom.
"It would have a chilling effect on any copycats who wanted to replicate what was done at Sandy Hook," Riddle said.
Copyright © 2013, Reuters
Subscribe to:
Posts (Atom)
