Harvard Has A Precedent Problem In Fight To Keep Tax-Exempt Status

President Trump’s recent commentary on Harvard’s potential loss of tax-exempt status has brought a long-overdue issue to light. For decades, the IRS has wielded extensive power over tax-exempt organisations, threatening to revoke their status based on vague claims of not adhering to public policy. This article delves into the historical path leading to this scenario and its implications for Harvard and similar institutions.

Source: Tax Notes

Key Points

  • The IRS has broad authority, inherited from a controversial Supreme Court case involving Bob Jones University, to revoke tax-exempt status based on public policy compliance.
  • Harvard’s president warns of the grave implications of political disagreements influencing educational institutions’ tax statuses.
  • The IRS’s expansive interpretation of its authority remains unchallenged by Congress, raising concerns about its future use against other organisations.
  • Historical context shows that the IRS’s power was solidified during the Nixon administration without proper legislation from Congress.
  • Despite some restraint since 1984, the IRS has continued to assert authority that could jeopardise various tax-exempt institutions.

Why should I read this?

If you’re interested in the ongoing debates over tax exemptions and educational policies, this article is a must-read. It highlights the precarious situation Harvard faces and uncovers a tangled web of historical precedents that could threaten not just Harvard, but numerous non-profits and educational institutions. It’s a relevant piece that connects directly to broader trends in taxation, education, and governance. Don’t miss out on these critical insights!