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Senate panel wants stricter nonprofit laws (Nature Conservancy)
NewsObserver.com ^
| June 7, 2005
| MARY DALRYMPLE, AP TAX WRITER
Posted on 06/09/2005 4:38:55 PM PDT by madfly
WASHINGTON (AP) - After two years dissecting The Nature Conservancy, the Senate Finance Committee reported Tuesday that large charities may need stricter laws to prevent insider deals, regulate moneymaking ventures and open more activities to public scrutiny. Committee Chairman Charles Grassley said the panel's report, to be examined in a Wednesday hearing, shows The Nature Conservancy engaged in aggressive planning to maximize tax advantages. It acted no differently than many large corporations, and such planning is probably widespread among large charities, Grassley said.
"Current law has not kept up with the sophistication and complexity of many of today's charities," the Iowa Republican said.
That's raising concerns about some charities and whether they're acting as lawmakers intended to provide the public good that tax benefits were meant to reward, Grassley said.
House and Senate tax writers have started probing the entire nonprofit sector - from tax-exempt hospitals to executives' salaries - to determine whether taxpayers get their money's worth from billions in tax breaks for charitable organizations.
In its more narrow investigation of The Nature Conservancy, tax experts at Grassley's committee discovered complex transactions never contemplated by laws governing nonprofit organizations. The staff recommended revamping the laws and requiring charities to report more to the IRS and the public about their financial transactions.
The Nature Conservancy, a nonprofit land conservation organization that has protected more than 117 million acres of land and 5,000 miles of river worldwide, cooperated with the Senate Finance Committee investigation.
It also hired outside auditors last year and said that virtually all of the questions raised in the staff report have been addressed by one or more changes made since the probe began.
"The Conservancy today meets higher standards of ethical, legal and professional conduct and organizational efficiency than we did two years ago," the group said in a statement.
The Finance Committee's study raised questions about whether The Nature Conservancy kept a watchful eye on small conservation easements, under which a landowner agrees to manage the land for environmental or conservation goals and can enable the landowner to claim a tax deduction.
The panel also examined insider land sales and an emissions trading program. The latter caused the staff to question whether The Nature Conservancy had compromised its charitable purpose of ecological conservation.
"The staff questions whether TNC is furthering one exempt purpose, i.e. land conservation, while frustrating another, i.e. the reduction of greenhouse gasses," the panel's report said.
The staff also expressed concern that some of the organization's activities might have triggered laws that require nonprofits to pay taxes on unrelated business activities. The panel recommended that the group get more legal assistance.
Broader questions about tax deductions involving land and conservation easements have raised questions at the Internal Revenue Service, which has discovered some taxpayers taking inappropriately large deductions for donations.
"We are currently looking at the activities of more than a dozen promoters," IRS Commissioner Mark Everson told the committee this spring. "We are examining charities that we believe may have been involved in particular abuses and those charity officials who may have unduly profited from their positions with a charity."
The Joint Committee on Taxation, which advises congressional tax writers, suggested severely curtailing or eliminating the tax benefits to clamp down on abuses. The idea raised alarm among some governors and conservationists.
"If those recommendations were enacted, it would virtually stop private donations of land conservation in America," Rand Wentworth, president of the Land Trust Alliance, said at a news conference.
The Land Trust Alliance, which represents more than 1,500 land trusts across the country, is organizing a training and accreditation program for land conservation organizations that get private donations.
TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Government
KEYWORDS: 109th; enviros; investigation; natureconservancy; nonprofits
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1
posted on
06/09/2005 4:38:56 PM PDT
by
madfly
To: farmfriend; editor-surveyor; SierraWasp; forester; Carry_Okie
2
posted on
06/09/2005 4:40:12 PM PDT
by
madfly
To: Libertarianize the GOP
3
posted on
06/09/2005 4:42:58 PM PDT
by
madfly
To: madfly
I read a report a couple of years ago explaining the NC's strategy (how they work with the feds to buy private land and then sell it back to the feds).
Are you familiar with this report and do you have a link to it?
4
posted on
06/09/2005 4:46:27 PM PDT
by
Ghost of Philip Marlowe
(Liberals are blind. They are the dupes of Leftists who know exactly what they're doing.)
To: madfly
5
posted on
06/09/2005 4:48:41 PM PDT
by
niteowl77
(I see seven senators badly in need of emergency RINOplasty.)
To: Ghost of Philip Marlowe
You might be referring to a 5 part investigative series on the NC by the Washington Times. I don't have links, but the articles in the series were posted here before the goverment investigation.
I'll look around.
6
posted on
06/09/2005 4:50:57 PM PDT
by
madfly
To: Ghost of Philip Marlowe
7
posted on
06/09/2005 4:59:21 PM PDT
by
madfly
8
posted on
06/09/2005 5:06:17 PM PDT
by
madfly
To: madfly
Excellent. Thanks for the links, Madly.
9
posted on
06/09/2005 5:08:45 PM PDT
by
Ghost of Philip Marlowe
(Liberals are blind. They are the dupes of Leftists who know exactly what they're doing.)
To: Ghost of Philip Marlowe
10
posted on
06/09/2005 5:10:36 PM PDT
by
madfly
To: madfly
Thanks for the ping!
Anything that trims the Nature Conservancy's wings has to be good.
11
posted on
06/09/2005 5:17:22 PM PDT
by
editor-surveyor
(The Lord has given us President Bush; let's now turn this nation back to him)
To: madfly; 1Old Pro; aardvark1; a_federalist; abner; alaskanfan; alloysteel; alfons; Always Right; ...
Thanks for the ping!
Anything that trims the Nature Conservancy's wings has to be good.
12
posted on
06/09/2005 5:17:50 PM PDT
by
editor-surveyor
(The Lord has given us President Bush; let's now turn this nation back to him)
To: editor-surveyor
You got that right! I don't have an enviro ping list anymore. Could ya ping some of your friend? thanks
13
posted on
06/09/2005 5:18:37 PM PDT
by
madfly
To: editor-surveyor
duh, sorry, didn't see all those pingzzzz of yours! Oh well, another bump!
14
posted on
06/09/2005 5:22:19 PM PDT
by
madfly
To: madfly
Eliminate public/private partnerships altogether. Thats my suggestion.
To: editor-surveyor
http://biz.yahoo.com/prnews/050606/dcm013.html?.v=12
Press Release |
Source: Land Trust Alliance |
Land Trust Alliance Briefing on Land Conservation
Monday June 6, 10:00 am ET
WASHINGTON, June 6 /PRNewswire/ -- The Senate Finance Committee is planning a hearing -- "The Tax Code and Land Conservation: Report on Investigations and Proposals for Reform" -- for June 8th at 10:00 a.m. in the Dirksen Senate Office Building room 628. In advance of the hearing, the Land Trust Alliance and land donors from around the country will provide background information on the benefits of voluntary, private land conservation, the common-sense legislative reforms that should be made, and the great harm that would be caused if Congress fails to maintain tax incentives to encourage charitable land donations. Land donors and land trust representatives will speak about their personal experience conserving clean water, working family farms and ranches, and natural areas with the assistance of these incentives.
WHO: Rand Wentworth, President of the Land Trust Alliance
John Lunt, cattle rancher and conservation easement donor to
Wyoming Stockgrowers Agriculture Land Trust
Bob Payne, conservation easement donor to Eastern Shore Land
Conservancy
Rick Posey, conservation easement donor to Maryland Environmental
Trust
Judy McCann-Slaughter, cattle farmer and conservation easement
donor to Potomac Conservancy
Jim Crews, conservationist and easement donor to Wetlands America
Trust
WHEN: Tuesday, June 7, 2005
12:00 - 1:00 p.m. EDT
Lunch will be served
WHERE: The Zenger Room at The National Press Club
529 14th St, NW, Washington, D.C. 20045
The Land Trust Alliance promotes voluntary private land conservation to benefit communities and natural systems. We are the national convener, strategist and representative of more than 1,500 land trusts across America. Land Trust Alliance wants to dramatically expand the pace of land conservation, build strong land trusts, defend the permanence of conservation easements, and ensure that the work of land trusts is strategically directed.
Source: Land Trust Alliance
16
posted on
06/09/2005 5:28:46 PM PDT
by
madfly
To: editor-surveyor; SheLion; CSM
Anything that trims the Nature Conservancy's wings has to be good. Not just the NC - anything that trims the wings of a lot of these so-called charities is a VERY good thing in my mind.
I'm sure we could come up with a long list of them, and a lot of them having absolutely nothing to do with environment or conservation.
17
posted on
06/09/2005 5:31:35 PM PDT
by
Gabz
(My give-a-damn is busted.)
To: madfly
Boy, I sure hope someone really starts following the money trail on these outfits. Often, it runs right to the public treasury. IMHO
18
posted on
06/09/2005 5:32:44 PM PDT
by
pointsal
To: Ghost of Philip Marlowe
http://www.legendgames.net/showstory.asp?page=blognews/stories/UN0000338.txt
Nonprofit Watch: The Nature Conservancy
Editorial by Bob Felton
The Senate Finance Committee released yesterday the report of a 2-year investigation into the operation of The Nature Conservancy, finding that the nonprofit operates little differently than many large corporations. WASHINGTON -- After two years dissecting The Nature Conservancy, the Senate Finance Committee reported Tuesday that large charities may need stricter laws to prevent insider deals, regulate moneymaking ventures and open more activities to public scrutiny.
Committee Chairman Charles Grassley said the panel's report, to be examined in a Wednesday hearing, shows The Nature Conservancy engaged in aggressive planning to maximize tax advantages. It acted no differently than many large corporations, and such planning is probably widespread among large charities, Grassley said.
"Current law has not kept up with the sophistication and complexity of many of today's charities," the Iowa Republican said.
That's raising concerns about some charities and whether they're acting as lawmakers intended to provide the public good that tax benefits were meant to reward, Grassley said. [emphasis mine]From the Committee's report: TNC entered into a number of arrangements with insiders or persons who had some sort of affiliation or relationship with TNC. These transactions included arrangements with TNC Board members, affiliates of TNC Board members, trustees or officials of TNC state or local chapters, officers and employees, and in limited cases, persons considered by TNC to be independent contractors.
The Committees focus with respect to these arrangements was on the process undertaken by TNC, including any relevant internal policies or procedures, to ensure that the arrangement was fair and reasonable to TNC, and consistent with TNCs status as a tax-exempt public charity.
[ ... ]
- Lack of transparency. TNC generally did not completely and clearly disclose and report many of these related party or insider transactions. In many cases, it is impossible to determine the nature and material terms of the transaction without looking beyond TNCs descriptions contained in its Forms 990.
- Recusals. TNCs descriptions of its insider transactions on the Form 990 suggests that the relevant insider routinely recused himself or herself from participating in or voting on the transaction.
- Legal or tax opinions regarding conflicts of interest or tax consequences. TNC did not seek the advice of outside counsel to determine whether such transactions were compatible with tax law or internal conflicts of interest requirements and state nonprofit laws, or to obtain a tax opinion with respect to the consequences of any of such transactions. Staff recognizes that TNC is under no obligation to seek outside guidance on the legal consequences of any transaction, but notes that in the case of highly complex, novel, or insider transactions, this may be advisable.
- Fairness to TNC. Except in the case of certain of TNCs land transactions with insiders, it appears that TNC did not confirm that the transactions were done at terms that were fair and reasonable to TNC. TNC apparently did not regularly seek or obtain appraisals or fairness opinions with respect to these transactions.
- International Leadership Council. TNCs Conflicts of Interest Policy extends to trustees of state and local chapters of the organization, but does not apply to members of the International Leadership Council.
- Morgridge / Cisco. TNCs description of the Morgridge/Cisco transaction was incomplete and vague, and did not describe the role of the Morgridge Foundation in the transaction. TNC did not refer to the Morgridge Foundation in the Form 990 disclosure of the transaction, or provide details regarding the relationship of the foundation to Mr. Morgridge or to Cisco Systems, Inc. in its supplemental response. The Staff did not determine the extent to which the foundation might be using its funds to benefit Cisco Systems, Inc.
- GM Emissions Deal. The GM emissions arrangement is an unusual transaction that should have been more thoroughly and accurately disclosed by TNC in its Form 990 reports. Mr. Smiths role in the transaction should have been more accurately described by TNC.
[emphasis mine]There's nothing innately improper about a nonprofit doing business like a business; I was once associated with a nonprofit that didn't do business anything remotely like an actual business - and the needless and irreplaceable losses of goodwill and money ($-millions) were both terrible and enduring. But the operation of nonprofits should be, literally, an open book - and Congress shouldn't hesitate to demand that of companies that enjoy tax advantages, and shouldn't hesitate to punish severely those who use their tax advantages for personal aggrandizement.
First and foremost, the income tax returns of all nonprofits should be made available on the Internet without charge or restrictions on use, and without intermediaries such as GuideStar, which has just adopted a policy prohibiting publication of 990-Forms downloaded from them on Web sites. It's public information, and it should be in the public domain - and if Congress did that, they'll find out in a hurry that competitors will police each other far more effectively than acres of bureaucrats.
19
posted on
06/09/2005 5:35:47 PM PDT
by
madfly
To: editor-surveyor
Anything that trims the Nature Conservancy's wings has to be good.Agree!
It acted no differently than many large corporations....
No surprise. It is a large corporation.
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