- 17 - (A) sale or exchange, or leasing, of property between a private foundation and a disqualified person; (B) lending of money or other extension of credit between a private foundation and a disqualified person; (C) furnishing of goods, services, or facilities between a private foundation and a disqualified person; (D) payment of compensation (or payment or reimbursement of expenses) by a private foundation to a disqualified person; (E) transfer to, or use by or for the benefit of, a disqualified person of the income or assets of a private foundation; and (F) agreement by a private foundation to make any payment of money or other property to a government official (as defined in section 4946(c)), other than an agreement to employ such individual for any period after the termination of his government service if such individual is terminating his government service within a 90-day period. The Senate Finance Committee illustrated the application of these provisions, in pertinent part, as follows: A self-dealing transaction may occur even though there has been no transfer of money or property between the foundation and any disqualified person. For example, a “use by, or for the benefit of, a disqualified person of the income or assets of a private foundation” may consist of securities purchases or sales by the foundation in order to manipulate the prices of the securities to the advantage of the disqualified person. * * * * * * * It has been suggested that many of those with whom a foundation “naturally” deals are, or may be, disqualified persons. However, the difficulties that prompted this legislation in many cases arise becausePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011