John W. Madden, Jr., et al. - Page 26

                                       - 26 -                                         
               Prior to 1969, sections 501(a) and 503(a), (b), and (d) had            
          imposed severe sanctions for transactions that resulted in the              
          diversion of funds to a creator or substantial contributor of a             
          tax-exempt organization.  Further, in order to prevent tax-exempt           
          foundations from being used to benefit their creators or                    
          substantial contributors, Congress had established a set of                 
          arm's-length standards for dealings between the foundations and             
          these disqualified individuals.  H. Rept. 91-413 (Part 1), at 21            
          (1969), 1969-3 C.B. 200, 214.                                               
               Nevertheless, Congress noted that abuses involving tax-                
          exempt organizations continued.  Congress believed the abuses               
          resulted from the significant enforcement problems posed by the             
          arm's-length standards.  Id.  Therefore, section 4941 was enacted           
          as part of subchapter A of a new chapter 42 added to the Internal           
          Revenue Code by the Tax Reform Act of 1969 (the 1969 Act), Pub.             
          L. 91-172, sec. 101(b), 83 Stat. 487, 499.                                  
               One of the stated goals of the 1969 Act was to minimize the            
          need for an arm's-length standard by generally prohibiting self-            
          dealing transactions.  Specifically, the 1969 Act prohibited the            
          following transactions between a foundation and a disqualified              
          person:  (1) The sale, exchange or lease of property; (2) the               
          lending of money; (3) the furnishing of goods, services or                  
          facilities; (4) the payment of compensation to a disqualified               
          person; (5) the transfer or use of foundation property by a                 
          disqualified person; and (6) payments to Government officials.              




Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: May 25, 2011