The Law of Tax-Exempt Organizations, 2021 Cumulative Supplement. Bruce R. Hopkins
16.2 Agricultural Organizations
§ 16.2 AGRICULTURAL ORGANIZATIONS
p. 386, first paragraph, last line. Insert footnote at end of line:
56.1 Applying this definition of the term agricultural, the IRS denied recognition of exemption to an organization that educates the public as to the values and benefits of the horse and greyhound racing industries to its state's economy and the benefits of permitting electronic gaming alongside pari‐mutuel betting at racing facilities (Priv. Ltr. Rul. 201905005).
p. 388, carryover paragraph. Insert as last sentence:
By reason of this rationale, organizations operating farmers' markets cannot qualify as tax‐exempt agricultural entities.76.1
Note
1 76.1 E.g., Priv. Ltr. Rul. 201824014.
CHAPTER SEVENTEEN Political Organizations
§ 17.4 Public Policy Advocacy Activities
§ 17.4 PUBLIC POLICY ADVOCACY ACTIVITIES
p. 394, note 50, first line. Delete procedure and insert ruling.
p. 394, note 50, last line. Delete 2349 and insert 234957.
p. 394, note 50. Insert following existing text:
On appeal, however, the organization lacked standing to bring the action in that it did not make a sufficient claim of chilled speech but, even if it did, its injury (denial of recognition of exemption) was not traceable to the allegedly vague ruling (Freedom Path, Inc. v. Internal Revenue Service, 913 F.3d 503 (5th Cir. 2019)).
CHAPTER EIGHTEEN Employee Benefit Funds
§ 18.3 Voluntary Employees' Beneficiary Associations
§ 18.3 VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATIONS
p. 407, note 28. Insert following existing text:
In the case of an employee‐funded association, the provision of group whole life insurance to its members is a permissible life benefit (Priv. Ltr. Rul. 202039003).
pp. 408–409. Delete last two paragraphs on p. 408 and carryover paragraph on p. 409, including footnotes.
CHAPTER NINETEEN Other Categories of Tax‐Exempt Organizations
§ 19.18 Qualified Health Insurance Issuers
§ 19.22 Governmental and Quasi‐Governmental Entities (a) Intergovernmental Immunity (b) Income Exclusion Rule (c) Integral Parts of States
§ 19.12 FARMERS' COOPERATIVES
p. 444, note 244. Insert following existing text:
Thus, the IRS denied recognition of exemption as a farmers' cooperative in the case of an entity with a membership of a mixture of farmers, community members, businesses, and anyone else interested in the selling and purchasing of fresh food (Priv. Ltr. Rul. 201835010).
§ 19.18 QUALIFIED HEALTH INSURANCE ISSUERS
p. 454, note 364. Insert following existing text:
See § 7.6(c), note 153.
§ 19.20 ABLE PROGRAMS
p. 458, last paragraph, second line. Delete ABLE Program and insert qualified ABLE program.
p. 458, note 402. Delete IRC § 529A and insert:
IRC § 529A(a); Reg. §§ 1.529A‐1(a), 1.511‐2(e), 1.529A‐2.
p. 459, carryover paragraph, last line. Delete used and insert pledged.
p. 459, carryover paragraph. Insert as first complete sentence:
The term ABLE account means an account established by an eligible individual, owned by the individual, and maintained under a qualified ABLE program.403.1
p. 459, first complete paragraph seventh line. Insert qualified following term.
p. 459, second complete paragraph, first line. Insert generally following account.
p. 459, note 411. Delete sentence.
p. 459, note 414, first line. Delete second (1) and insert (i); insert before first period:
; Reg. § 1.529A‐3.
p. 459, note 414. Delete the last three sentences.
p. 459, note 415. Insert before period:
; Reg. § 1.529A‐6.
p. 460, note 416. Delete the last two sentences.
§ 19.22 GOVERNMENTAL AND QUASI‐GOVERNMENTAL ENTITIES
(a) Intergovernmental Immunity
p. 460, fourth complete paragraph, second sentence. Delete the like and insert other integral parts.
p. 460. Insert as fifth complete paragraph:
These entities are sometimes referred to as governmental units.419.1 The IRS recognizes this general principle,419.2 albeit with the caveat that it may be superseded by a specific statutory authorization of taxation.419.3
(b) Income Exclusion Rule
p. 461, note 425.