If I understand the reasoning behind the DC Appellate Court’s decision, the IRS has no power to grant a tax break unless the statutory language explicitly tells them to.
Someone in Congress should point out that this reasoning would invalidate all the tax breaks given to 50lcwhatevers. The IRS grants tax exempt status to groups who do less than 50% political work, while the statute requires that the groups engage in absolutely no political activity.
A quick legislative fix for both problems should then be proposed, with the proviso that both problems have to be fixed, or neither.
There seem to be many in Congress who would gladly take medical care away from people, but I can’t believe that any of them are so heartless that they would endanger the tax exempt status of their precious 501 C’s.
