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Focus on the Fringes

By Stephen P. Nash and John R. Valentine
October 31, 2005

The IRS is midstream in its now well-publicized expanded enforcement program, implemented, in significant part, through its “soft contacts” initiative. Somewhat surprisingly, the IRS has been forthcoming concerning the “hot spots” attracting its scrutiny. At the same time, however, the “soft contacts” spotlight is starting to attract the attention of state charity officials willing to assert jurisdiction in executive compensation controversies. Predictably, fueled by this regulatory attention, as well as published studies of executive compensation and loans, the media has expanded its coverage of nonprofit exposes.

The IRS has just published proposed regulations seeking to clarify the interrelationship between the requirements for tax-exempt status and the imposition of intermediate sanctions. This against the backdrop of the Senate Finance Committee hearings on Charitable Organizations, the Committee staff's recommendations for legislative reform (published earlier this year), and the more recently published Final Report of the Panel on the Nonprofit Sector.

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