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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 08:25 AM
Original message
Democrats file complaint with IRS, accuse conservative group of tax code violations
Source: FOX 4 Kansas City

WASHINGTON (AP) — The Democratic Party has filed a complaint with the Internal Revenue Service complaining that a conservative foundation spending millions of dollars on ads in election battleground states is violating its status as a tax-exempt organization.

The Democratic Congressional Campaign committee filed the complaint this week, charging that Americans for Prosperity Foundation, founded by billionaire conservative David Koch, is airing ads that violate federal regulations because they "constitute political campaign intervention."

The foundation began running $4.1 million in ads last week in 13 states. This week it went on the air with a $1.4 million ad campaign that will run in Arizona, Florida, Ohio and Pennsylvania through Sept. 8.

The ads don't mention candidates or parties, but attack Obama administration policies to rescue the financial sector, the economic stimulus and the new health care law. The criticism echoes themes used by Republican candidates and GOP-leaning groups to attack Democrats.

Read more: http://www.fox4kc.com/news/nationworld/sns-ap-us-democrats-complaint,0,6002307.story
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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 08:33 AM
Response to Original message
1. U.S. Chamber of Commerce is running similar kinds of ads in Boston.
Book 'em, Dano!
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tinymontgomery Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 09:09 AM
Response to Original message
2. And 3 years from now their be found guilty
and fined a $1000.00 bucks
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 09:31 AM
Response to Reply #2
3. More like $100
This is the Kochs. I believe prior complaints have been filed.
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valerief Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 05:27 PM
Response to Reply #2
29. With the fine waived. nt
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Skink Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 09:44 AM
Response to Original message
4. Supreme court-"Oh yeah and tax exemt too"
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onehandle Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 12:01 PM
Response to Reply #4
18. You bet their ass they will. nt
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OnyxCollie Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 09:44 AM
Response to Original message
5. I wrote about this on Tuesday.
Edited on Sat Aug-28-10 09:49 AM by OnyxCollie
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=103x555523#555587

Al Capone was taken down for tax violations. Maybe this will be the Koch's downfall.

Oh, wait.:rofl:

I crack myself up.

It sounds like they are violating IRS tax exemptions for 501(c)(3) organizations.

http://www.irs.gov/charities/charitable/article/0,,id=9...

Exemption Requirements - Section 501(c)(3) Organizations


To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.

Organizations described in section 501(c)(3) are commonly referred to as charitable organizations. Organizations described in section 501(c)(3), other than testing for public safety organizations, are eligible to receive tax-deductible contributions in accordance with Code section 170.

The organization must not be organized or operated for the benefit of private interests, and no part of a section 501(c)(3) organization's net earnings may inure to the benefit of any private shareholder or individual. If the organization engages in an excess benefit transaction with a person having substantial influence over the organization, an excise tax may be imposed on the person and any organization managers agreeing to the transaction.

Section 501(c)(3) organizations are restricted in how much political and legislative (lobbying) activities they may conduct. For a detailed discussion, see Political and Lobbying Activities. For more information about lobbying activities by charities, see the article Lobbying Issues; for more information about political activities of charities, see the FY-2002 CPE topic Election Year Issues.



Be aware that there are two organizations, Americans for Prosperity and Americans for Prosperity Foundation.

I did some research on foundations and propaganda for a political science class I had.

Corporations, like the totalitarian governments to which they are drawn, wield great
influence over belief systems in society (Friedmann, 1957). The large corporation is “the
institution which sets the standard for the way of life and the mode of living of our citizens;
which leads, molds and directs; which determines our perspective on our own society; around
which crystallize our social problems and to which we look for their solution" (Drucker, 1946, p.
6, 7 as quoted in Friedmann, 1957, p. 170.) Despite such great power, corporations have avoided
restraint due in part to the “charitable trust” where corporate earnings and corporate strategy can
remain undisclosed (Friedmann, 1957).

Maitland (1936, as quoted in Friedmann, 1957, p. 156) distinguishes the differences
between English and German concepts of trust and advocates for personal accountability:

any reformers of our "charities" have deliberately preferred that "charitable trusts" should be
confided, not to corporations, but to "natural persons." It is said-and appeal is made to long
experience-that men are more conscientious when they are doing acts in their own names than
when they are using the name of a corporation (p. 182, 183).

But apparently there is a widespread, though not very definite belief, that by placing itself under
an incorporating Gesetz, however liberal and elastic that Gesetz may be, a Verein would forfeit
some of its liberty, some of its autonomy, and would not be so completely the mistress of its own
destiny as it is when it has asked nothing and obtained nothing from the State (p. 207).


Friedmann (1957) distills Maitland’s thesis to its essence; there is “the social and political
danger of the assumption that an association, corporate or unincorporated, merely by being in
form private rather than public, should still enjoy the far-reaching immunity from judicial or
other official control which the courts have accorded it” (p. 157).

Spawned from the concept of the charitable trust, the foundation is what Friedmann
(1957) characterizes as “the most important modern institution in the field of group power” (p.
157). A chiefly American invention, the foundation is a permanent charitable institution that
provides a tax shelter to donors, primarily heads of corporate empires (Friedmann, 1957). The
foundation accomplishes this in multiple ways: through gifts exempt from gift taxes, which are
then allowed to be deducted from income; through bequests deductible from estate taxes; and
through the exemption of the foundation itself from income tax, property tax, and other taxes
(Friedmann, 1957). The foundation allows for large sums of wealth to be diverted from tax
collection, while simultaneously awarding control, credibility, and a perception of social
responsibility (Friedmann, 1957).

The ability of foundations to influence educational policy, research, and foreign affairs
has led to the development of what Adolf Berle has described as a “corporate
conscience” (Friedmann, 1957). As a conscience is dependent on the belief system that supports
it, it is not surprising that the endeavors of some foundations appear questionable (Friedmann,
1957). Friedmann (1957) cites the linkage of educational policy to the “political propaganda” (p.
162) of free market principles.

Foundations capitalize on the mass media to further their interests (Herman and
Chomsky, 1988, as cited in Goodwin, 1994; Joseph, 1982). Mass media has a dependence on
“experts” and foundations provide content, in effect subsidizing the media (Herman & Chomsky,
1988, as cited in Goodwin, 1994). The self-serving interests of the foundation creates a bias in
news (Herman & Chomsky, 1988, as cited in Goodwin, 1994). This is one of the five “filters” in
Herman and Chomsky’s propaganda model that “filter out the news fit to print, marginalize
dissent, and allow the government and dominant private interests to get their messages across to
the public” (Herman & Chomsky, 1988, p. 2, as cited in Goodwin, 1994, p. 104). Taken as a
whole, these filters signify what Herman (1994) refers to as “power laws”- a “power law of
access” and an “inverse power law of truthfulness”:

The first law says that the greater your economic and political clout, the easier access to the your
mass media; the less your power, the more difficult the access. ... The second law says that the
greater your economic and political power-hence, access-the greater your freedom to lie; the
smaller your power, the less your freedom to prevaricate (p. 14, as quoted in Goodwin, 1994, p.
107).


”The second law, follows in part from the first, as those who would be most eager to refute the
lies of the powerful are weak and have limited access, further reduced by their discordant
messages” (Herman, 1994, p. 14, as quoted in Goodwin, 1994, p. 107).

Friedmann (1957) states, “the most powerful, wealthy, and highly organized group may
succeed in identifying the ‘public interest’ with its own interests” (p. 167). Key (1942, as quoted
in Joseph, 1982, p. 247) declares “"The great political triumph of large-scale enterprise has been
the manipulation of public attitudes so as to create a public opinion favorably disposed toward,
or at least tolerant of, gigantic corporations” (p. 102, 103). In a pluralistic society there are
countervailing forces, however their ability to heard may be limited (Friedmann, 1957; Joseph,
1982). C. Wright Mills (1956, as cited in Joseph, 1982) proposed a three-level pluralistic theory
of power: at the top was the executive branch of government, along with corporations and the
defense industry; the middle level was composed of interest groups where the pluralistic model
of competition actually occurred; and the bottom level held the general public. Seeking to
differentiate his theory from Marxism, which stated that the economic sector held all the power,
Mills saw power as being equal among the three groups in the top level (Mills, 1956, as cited in
Joseph, 1982). “Mills maintained that political, military, and economic elites all exercised a
considerable degree of autonomy, that they were often in conflict, and that they acted in concert
only on certain occasions” (Mills, 1956, as cited in Joseph, 1982, p. 250).
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 09:54 AM
Response to Reply #5
7. I live in Kansas and we have been trying to nail these bastards for years
I'm not holding my breath this time. But I am grateful for Rachel and the exposure the Kochs are finally getting.
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KoKo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 10:22 AM
Response to Reply #5
12. Thanks for the info. +1
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glinda Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 03:46 PM
Response to Reply #5
27. Excellent info.
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OnyxCollie Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 09:52 AM
Response to Original message
6. K&R. nt
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SILVER__FOX52 Donating Member (460 posts) Send PM | Profile | Ignore Sat Aug-28-10 10:00 AM
Response to Original message
8. And the Democrates just sit on their hands whinning how.
unfair this is. For Christ sake put rebuttal ads out.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 10:05 AM
Response to Reply #8
9. Um. They filed a formal complaint with the IRS.
How is that sitting on their hands?
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OnyxCollie Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 10:14 AM
Response to Reply #9
10. The problem is that the IRS is not really suited
to determine what is tax-exempt image advertising and what is taxable issue advertising. The FTC could also be brought in to determine the accuracy of the claims, but that's sketchy, too.

See what happens without the Fairness doctrine?
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 10:18 AM
Response to Reply #10
11. I agree
but I still think it's wrong to say the Democrats are just sitting around doing nothing.
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OnyxCollie Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 10:34 AM
Response to Reply #11
13. Yeah, we can put away the mirror.
They're still breathing.

I'm surprised Alan Grayson didn't come up with this.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 10:37 AM
Response to Reply #13
14. The Kochs would counter with east coast liberal slams
It's going to take an army bigger than Grayson to take them down.

But yes, it would be nice to have him join the effort.
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maxomai2 Donating Member (17 posts) Send PM | Profile | Ignore Sat Aug-28-10 05:38 PM
Response to Reply #9
30. You can't hit back with an IRS complaint
Nobody gives a damn about an IRS complaint. You have to hit back with counter-ads, and lots of them.

Democratic candidates are, right now, being swiftboated. The Party should know this. And they should be fighting back in the court of public opinion. They aren't fighting back, and I'm not sure whether to chalk that up to "they're broke," "they're cowards," or "they're morons."
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dotymed Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 12:12 PM
Response to Reply #8
19. IMO, if Democrats really want to stop propaganda
they need to re-instate The Fairness Doctrine.
It makes me wonder if, they too, are afraid of an informed populace...
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grahamhgreen Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 10:39 AM
Response to Original message
15. Guess they wish they'd filibustered alito, scalia, and Roberts!
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PinkFloyd Donating Member (264 posts) Send PM | Profile | Ignore Sat Aug-28-10 12:19 PM
Response to Reply #15
20. AMEN!!!
It makes me so damn sick every time I see a Republican filibuster when back during the Bush years the Dems wanted to "work together" on legislation and appointments that were fucking aweful to say the least. I speak of things like the "patriot" act, military commissions, bankruptcy reform, alito, roberts, etc.

Note I mention bankruptcy reform...you know those bastards knew this economic mess was coming, which is why they scurried to pass it.
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grahamhgreen Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 02:08 PM
Response to Reply #20
23. Thanks for the reminder! nt
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Mnpaul Donating Member (754 posts) Send PM | Profile | Ignore Sat Aug-28-10 10:48 AM
Response to Original message
16. While they are at it
They should go after Americans for Job Security as well
http://www.citizen.org/congress/article_redirect.cfm?ID=16408

They are the ones who ran all the ads against Franken and have a record of campaign violations going back for years.
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OnyxCollie Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 10:52 AM
Response to Reply #16
17. Throw in FreedomWorks
and PNAC (now Foreign Policy Initiative), too.
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pnwmom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 12:40 PM
Response to Original message
21. Hard to believe this will get anywhere, in view of recent SCOTUS rulings. n/t
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jillan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 03:02 PM
Response to Reply #21
24. That's exactly what I was thinking.
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Mnpaul Donating Member (754 posts) Send PM | Profile | Ignore Sat Aug-28-10 04:53 PM
Response to Reply #21
28. This isn't about the supreme court ruling
That had no effect on corporations hiding behind tax exempt 501c organizations. If they want to be tax free they can't runs ads against a candidate, only issues.
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mopinko Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 02:06 PM
Response to Original message
22. can they sue the heritage foundation, too?
DH is on the rethug mailing list as a result of being a "republican" election judge. he got a hate and bullshit filled 6 page begging letter from them the other day, and i went into shock when i saw that contributions were tax deductible. i should know that, and i sorta did, but it just hit me in the gut.
when i think of all the organizations i have belonged to that refrained from helping good candidates because we were following the law. guess that's why libs are always behind.
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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 03:22 PM
Response to Original message
25. IRS seems to have a mixed track record in dealing with tax exemption violations
Edited on Sat Aug-28-10 03:23 PM by alp227
Recently the LDS church got fined for supporting California Proposition 8.

However, some churches in Minnesota have gotten off the hook.

Wonder how this'll turn out in the fact vs. opinion debate.
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lark Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 03:36 PM
Response to Original message
26. Whoohoo, love it when Dems show some spine
Go get 'em!!!
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maxomai2 Donating Member (17 posts) Send PM | Profile | Ignore Sat Aug-28-10 05:39 PM
Response to Reply #26
31. That's not spine
That's a Sternly-Worded Letter.

Spine is slamming these people as liars and being relentless about it. Preferably with prime-time ads.
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old mark Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-28-10 05:42 PM
Response to Original message
32. This might not turn into much, but I'm glad at least something has happened...
This has probably going on for years.

mark
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Anakin Skywalker Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-29-10 05:19 AM
Response to Original message
33. "Americans for Prosperity Foundation". Wow! These F*ckers
Edited on Sun Aug-29-10 05:27 AM by Anakin Skywalker
don't even bother hiding their agenda, do they?

What the morons who support these manipulators don't realize is that in the world of the Cock Brothers, only a few "elites" prosper at the EXPENSE of the many. These Joe the Dumbers listen to the corporate lies and give themselves the false hope that if they teabag, they too will "prosper". The lies work well enough. Hate Radio jocks like Rush Pimpbaugh's been pimping that message for many years now.
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