The Law of Tax-Exempt Healthcare Organizations. Bruce R. Hopkins. Читать онлайн. Newlib. NEWLIB.NET

Автор: Bruce R. Hopkins
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isbn: 9781119639077
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St. Paul, MN, 2012).

      10 18.9 This is the whole‐text canon (Reading Law, supra, note 18.8, at 1167). In this case, the court did not read “all parts of the statute together”; it read only two sections of it (IRC § 170(b)(1)(A)(ii) and (iii)). The entire statute is IRC § 170(b)(1)(A), where the law provides for nine categories of public charities, eight of which do not contain the primary‐function requirement. It is probable that the statute writers had a reason to insert the requirement only in IRC § 170(b)(1)(A)(iii), a point the court did not explore.

      11 18.10 The IRS calculated that the Mayo Clinic's educational activities were only 13 percent of its total activities and that its revenue from educational undertakings was only 6 percent of total revenue (Tech. Adv. Mem. 201407024). The court in this case may have violated another contextual canon: the absurdity doctrine. This canon states that a provision may be judicially corrected where the failure to do so would result in a disposition that no reasonable person could approve (Reading Law, supra, note 18.8, at 234). Indeed, another contextual canon the court could have applied is the harmonious‐reading canon, pursuant to which the provisions of a text should be interpreted in a way that renders them compatible, not contradictory (id., at 180).

      12 242 Id. at § 4.02(6).

      1  § 7.1 Legislative Activities Limitation *(b) Legislative Activities

      2  § 7.4 Political Activities Limitation (b) Participation or Intervention (g) IRS's Recent Enforcement Efforts (h) “Religious Liberty” Executive Order

      3  § 7.5 Business Expense Deduction Rules and Political Activities

      4  § 7.7 Public Policy Advocacy Activities

      5  § 7.8 Political Activities of Social Welfare Organizations

      (b) Legislative Activities

       p. 196, note 26, seventh line. Delete the period; insert following closing quotation mark:

      (at 760, note 9).

       p. 196, note 26. Delete text following the first period and insert:

      Id.

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      An organization formed to protect the human rights of “defenseless victims” from various forms of mind‐control attacks was denied recognition of exemption as a charitable entity primarily because one of its principal activities was advocation of legislation to prohibit or regulate use of attack weapons on the public (Priv. Ltr. Rul. 201430014).

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      (b) Participation or Intervention

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      The IRS ruled, however, that a nonprofit organization planning on conducting a series of ostensibly educational symposia failed to qualify for tax exemption because, as to the first of these events, representatives of only one political party, some of whom were candidates for public office, were invited to participate as speakers (Priv. Ltr. Rul. 201523021).

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