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Thursday, January 18, 2018

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Taxing the Tax-Exempt Sector - A Growing Danger for Nonprofit Organizations
John's Hopkins University

April, 2011

One of the long‐standing features of American law has been the principle that nonprofit charitable organizations should be exempt from taxation. As one well‐known specialist on the law of tax‐exempt organizations has put it:
“Congress is not merely ‘giving’ eligible nonprofit organizations ‘benefits’; the exemption from income taxation (or charitable deduction) is not a ‘loophole,’ a ‘preference,’ or a ‘subsidy’—it is not really an ‘indirect appropriation.’ Rather, the various provisions of the federal and state tax exemption system exist as a reflection of the affirmative policy of American government to refrain from inhibiting by taxation the beneficial activities of qualified tax‐exempt organizations acting in community and other public interests.”1 The severe fiscal pressure and budget deficits facing numerous states and localities across the country has given rise to concerns that increased numbers of state and local governments may be undermining this principle, targeting

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