“AFJ Urges the IRS to Retract Erroneous Statement on Judicial & Executive Nominees”

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In a March 27 letter to the IRS, Alliance for Justice called on the Service to issue an immediate clarification about the treatment of activities to influence executive and judicial appointments and nominations made in the recent Notice of Proposed Rulemaking (“NPRM”): Guidance for Tax-Exempt Social Welfare Organizations on Candidate-Related Political Activities.

The NPRM proposes to include executive and judicial appointees and nominees within the definition of “candidate.” By defining executive and judicial nominations as candidates, 501(c)(4) organizations would have to treat their efforts to influence those nominations as “political” and count that work as partisan political activity.

We vehemently oppose this proposal, as we indicated in the comments we submitted to the IRS on February 27.

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