
Church free speech okay – no charitable tax deduction for donors

I agree with The Des Moines Register editorial that the law that bans churches from endorsing specific candidates, (the Johnson Amendment), should not be repealed. (See link below.)
On 12/16/2016, The Des Moines Register reported that the Iowa Public Information Board had ruled that Prairie Meadows Race Track and Casino was not a “government body” according to their rules and, therefore, was not required to follow open records laws, and not required to provide the Register with records pertaining contracts of its top executives. (See link below.)
The Register can appeal the decision, and has some good arguments why Prairie Meadow should be subject to open records laws. But even if Prairie Meadows is not required to follow open records laws, they could still release the records voluntarily. Just because it is legal to do something does not mean it is the right thing to do. Prairie Meadows would not exist if not for the original support of Polk County taxpayers. The board claims that Prairie Meadows is a not-for-profit organization, (even though the IRS disagrees). I don’t understand why any board member would want to be anything other than completely transparent about the operations of Prairie Meadows? I presume that none of them feel they have anything to hide.
I appeal to the board members of Prairie Meadows to simply do the right thing, and voluntarily open their records to the public, and the Des Moines Register.
Link to Register article: http://www.desmoinesregister.com/story/news/local/government/2016/12/15/iowa-board-says-prairie-meadows-records-can-secret/95492840/
The Register still has it wrong. (“Churches cross line with political endorsements”, 4/9/2015 – see link below.) Churches with ministers who advocate for specific candidates should be allowed to be tax exempt. But donors who contribute to them should not get a charitable tax deduction.
There are two types of tax-exempt organizations. First, there are the Charitable, Religious and Educational organizations, (tax code 501c3 organizations), that pay no income taxes, (and often don’t pay other taxes), plus donors get a charitable tax deduction on their income taxes for the amount of their contribution. Second, there are all other tax-exempt organizations that pay no income taxes, (and often don’t pay other taxes), but donors do NOT get a charitable deduction. They are properly classified as tax exempt, since they are organized to not make any kind of profit, but their activities are not charitable, so no charitable tax deduction is given.
There are many tax exempt organizations that do not make any profit, but that are not charitable and whose donors don’t get a tax deduction. They include Rotary clubs, political parties, country clubs, political issue organizations, chambers of commerce, special interest clubs, etc. None of them try to make any profit, but they are not charitable.
To the extent that any not-for-profit organization advocates for or against specific candidates, that organization is not doing charitable work. It is doing political work. Under the principle of equal treatment under the law, donors to churches that advocate for specific candidates should not get a charitable tax deduction. If a church wants its donors to receive a charitable tax deduction for contributions made, then the minister should not advocate for candidates from the pulpit, or through any other communication from the church.
Link to Register editorial: http://www.desmoinesregister.com/story/opinion/editorials/caucus/2015/04/08/rgisters-editorial-churches-cross-line-political-endorsements/25500433/
In The Des Moines Register story, “11 things to know about the proposed convention center hotel,” (see link below), Number 9 was, “Consultants say it will help other downtown hotels.” The consultants reported that the proposed hotel will, “…bring an estimated 3 million additional visitors to the city… during the first 20 years.” 3 million divided by 20 years equals 150,000 per year. Divided by 52 weeks = 1,442 people each week, every week for 20 years, who, the consultant says, will not be coming to Des Moines if we don’t have this new conventions center hotel. I don’t believe it. I also don’t believe the consultant’s report that, “other downtown hotels will book an additional 3,200 room-nights per year as a result of the convention hotel.” Sure, there will be some new conventions that will come to Des Moines only because of the convenient location of the new convention center hotel. But, there will also be other conventions that will come to Des Moines with or without the new hotel, just as they have in the past, and some of those will no longer use the existing downtown hotels.