Legal Filings

Legal Filings
Apr 09, 2013

CREW Calls on IRS to Amend Rule Allowing Social Welfare Groups to Engage in Political Activity

Internal Revenue ServiceWashington, D.C. — Following up on its lawsuit against the Internal Revenue Service (IRS), today Citizens for Responsibility and Ethics in Washington (CREW) filed a rulemaking petition with the agency seeking a revision to existing regulations to eliminate a glaring loophole that allows certain tax-exempt groups to engage in substantial political activity while keeping the identities of their donors secret. 

Current IRS regulations grant tax-exempt status under section 501(c)(4) of the Tax Code to groups with a “primary purpose” of promoting social welfare.  The tax laws, however, require such groups to be operated “exclusively” for social welfare purposes.

Click here to read CREW's rulemaking petition to the IRS

Groups seeking or claiming 501(c)(4) status have interpreted the IRS regulation to mean they can spend up to 49 percent of their budgets on electoral activities, while still maintaining tax-exempt status that allows them to keep their donors secret.  As a result, organizations like the American Action Network (AAN) and Crossroads GPS have been able to pour large sums of anonymous or dark money into elections, changing the political landscape. 

During the 2012 election cycle, section 501(c)(4) groups spent upwards of $250 million, including $131.3 million on congressional races.

“For decades, this regulation has been a point of contention for the IRS,” said CREW Executive Director Melanie Sloan.  “Being ‘aware’ of the problem is not the same as doing something about it.  Political spending by tax-exempt groups is out of hand and it is way past time for the IRS to enforce the law as Congress intended.”

501(c)(4) organizations had a significant and direct influence on the outcome of at least some 2012 elections.  For example, AAN spent nearly $1.5 million opposing Democratic candidate Dr. David Gill in the race for Illinois’ 13th congressional district, likely resulting in his defeat.  Throughout the race, nearly every poll showed Dr. Gill leading his opponent, Republican Rodney Davis, by margins ranging from one to nine percent.  AAN spent more than $1 million against Dr. Gill in the final weeks, and he lost by 1,002 votes (0.3 percent of votes cast).  In February, CREW and Dr. Gill sued the IRS for flouting the federal law barring 501(c)(4) groups from engaging in political activity.

“As was evident in Dr. Gill’s race — and in a number of races around the country — outside money can be a game changer,” continued Ms. Sloan.  “We saw tax-exempt groups enter the political fray in 2010 and then lead the charge in 2012.  As the fundraising begins for the 2014 elections and voters grow tired of watching vituperative, deliberately inaccurate ads, the IRS cannot continue sitting on its hands.”

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