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Law and Society

2011

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Alex Reed

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Subsidizing Hate: A Proposal To Reform The Internal Revenue Service's Methodology Test, James A. Reed Aug 2011

Subsidizing Hate: A Proposal To Reform The Internal Revenue Service's Methodology Test, James A. Reed

Alex Reed

Although a wide variety of organizations may qualify as tax-exempt public charities, reform is needed to ensure that hate groups masquerading as educational organizations do not receive preferential tax treatment. Since 1986, the Internal Revenue Service has utilized a methodology test to determine when advocacy of a particular viewpoint may be deemed educational so as to qualify the underlying organization as a public charity. Because the Service has been reluctant to apply the test rigorously, however, a number of hate groups have been able to obtain charitable status under the guise of operating as legitimate educational organizations. This Article argues …