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TAX EXEMPTIONS FOR CHARITABLE ORGANIZATIONS AFFECTING POVERTY PROGRAMS

HEARINGS

BEFORE THE

SUBCOMMITTEE ON

EMPLOYMENT, MANPOWER, AND POVERTY. 4.S. Congress. Senate oF THE

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LABOR AND PUBLIC WELFARE.
UNITED STATES SENATE

NINETY-FIRST CONGRESS

SECOND SESSION

ON

EXAMINATION OF INTERNAL REVENUE SERVICE DECISION TO DENY TAX-EXEMPT STATUS TO CHARITABLE ORGANIZATIONS WHICH ENGAGE IN LITIGATION AFFECTING POVERTY PROGRAMS

NOVEMBER 16 AND 17, 1970

Printed for the use of the Committee on Labor and Public Welfare

53-336 O

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1971

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SUBCOMMITTEE ON EMPLOYMENT, MANPOWER, AND POVERTY GAYLORD NELSON, Wisconsin, Chairman

RALPH YARBOROUGH, Texas
CLAIBORNE PELL, Rhode Island
EDWARD M. KENNEDY, Massachusetts
WALTER F. MONDALE, Minnesota
ALAN CRANSTON, California
HAROLD E. HUGHES, Iowa

GEORGE MURPHY, California JACOB K. JAVITS, New York WINSTON L. PROUTY, Vermont PETER H. DOMINICK, Colorado

ADLAI E. STEVENSON III, Illinois

WILLIAM R. BECHTEL, Professional Staff Member
JOHN K. SCALES, Minority Counsel to Subcommittee

(II)

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Page

Field, Tom, executive director, Taxation With Representation, a Public

Interest Tax Lobby--.

328

Page

Halpern, Charles R., and Mitchell Rogovin, Center for Law and Social
Policy, Washington, D.C., and David Sive, of Winer, Neuberger & Sive,
New York, N.Y.

135

Prepared statement of Charles R. Halpern_.
Prepared statement of David Sive__

204

244

Hirsch, Rabbi Richard G., director of the Religious Action Center of the
Union of American Hebrew Congregations in Washington, D.C-----
Prepared statement----

Izaak Walton League of America, Washington, D.C_
Johnson, Stuart H., attorney at law, Washington, D.C----

265

268

392

357

Kelley, Rev. Dean M., director for Civil and Religious Liberty, National
Council of Churches of Christ in the United States of America.
Prepared statement_____

259

261

McGovern, Hon. George, a U.S. Senator from the State of South Dakota, prepared statement___

372

Nadel, Michael, assistant executive director and editor of the Wilderness Society__.

325

National Audubon Society, by Elvis J. Star, president, prepared statement_
Pardo, Richard D., administrative assistant, the American Forestry Asso-
ciation

Speiser, Lawrence, Washington, D.C., American Civil Liberties Union____
Prepared statement..

Thrower, Randolph W., Commissioner of Internal Revenue Service; accom-
panied by K. Martin Worthy, Chief Counsel, and William H. Conett,
Special Assistant for Exempt Organizations, Internal Revenue Service_
Wallick, Franklin, United Automobile, Aerospace & Agricultural Imple-
ment Workers of America___.

Ward, Dr. A. Dudley, representing the Board of Christian Social Concerns
of the United Methodist Church....
Wurster, Charles F., chairman, Scientists Advisory Committee, Environ-
mental Defense Fund, Washington, D.C.......

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ADDITIONAL INFORMATION

Articles, publications, etc. :

Internal Revenue Service news release of October 9, 1970, on temporary suspension of rulings on claims for tax-exempt status by public interest law firms__.

5

"Laws, Lawyers and the System," by Colman McCarthy, from the Washington Post, October 14, 1970__.

242

"Natural Resources Defense Council Ruled Tax Exempt".
"Public Interest Litigation," memorandum submitted by Mitchell
Rogovin, attorney for Center for Law & Social Policy, Washington,
D.C., November 21, 1970__

280

137

"Recovery of Fees by Tax-Exempt Public Interest Law Firms," memo-
randum by Charles R. Halpern, director, and Mitchell Rogovin,
vice chairman, board of trustees, Center for Law & Social Policy,
November 23, 1970_.

Staff memo on Internal Revenue Service tax exemption dispute---
"The IRS and the Public Interest," from the Washington (D.C.) Post,
November 14, 1970.

"The Washington Legal Antiestablishment," from the Washingtonian,
November 1970__.

Communications to:

Internal Revenue Service, Commissioner, Washington, D,C., from
Caplin & Drysdale, law offices, Washington, D.C., June 4, 1970----
Natural Resources Defense Council, Inc., New York, N.Y., from J. A.
Jedeson, Chief, Rulings Section, Exempt Organizations Branch, In-
ternal Revenue Service, Department of the Treasury, Washington,
D.C., November 16, 1970_

Nelson, Hon. Gaylord, a U.S. Senator from the State of Wisconsin,
chairman, Subcommittee on Employment, Manpower, and Poverty,
from:

Dhein, Grace, secretary to Commissioner Randolph W. Thrower,
Internal Revenue Service, October 29, 1970---

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Ervin, Hon. Sam J.. a U.S. Senator from the State of North Caro-
lina, November 13, 1970__

42

46

Communications to Continued

Nelson, Hon. Gaylord, a U.S. Senator, from :-Continued

Page

Johnson, Stuart H., Jr., attorney-at-law, Washington, D.C.,
November 18, 1970----

359

Rogovin, Mitchell, Center for Law and Social Policy, Washington,
D.C., December 3, 1970__.

366

Segal, Bernard G., William T. Gossett, Whitney North Seymour,
New York, N.Y., November 13, 1970 (telegram) -

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Thrower, Hon. Randolph W., Commissioner, Internal Revenue
Service, Washington, D.C.:

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Thrower, Hon. Randolph W., Commissioner, Internal Revenue Service,
Washington, D.C., from:

Ervin, Sam J., Jr., chairman, Subcommittee on Constitutional
Rights, Committee on the Judiciary, U.S. Senate, Washington,
D.C., October 29, 1970‒‒‒‒

47

McGovern, Hon. George, a U.S. Senator from the State of South
Dakota, October 8, 1970___

378

Nelson, Hon. Gaylord, chairman, Senate Subcommittee on Em-
ployment, Manpower, and Poverty, U.S. Senate, Committee on
Labor and Public Welfare, Washington, D.C. :
October 21, 1970-.

37

October 29, 1970-

Oberdorfer, Louis F.; Wilmer, Cutler & Pickering, Washington,
D.C., November 3, 1970_.

Senators Walter F. Mondale, Ralph W. Yarborough, Claiborne
Pell, Harrison A. Williams, Jr.; Gaylord Nelson, Edward M.
Kennedy, and Thomas F. Eagleton, U.S. Senate, Committee on
Labor and Public Welfare, Washington, D.C., October 14, 1970__
Towell, William E., executive vice-president, the American Fores-
try Association, Washington, D.C., October 26, 1970------

Miscellaneous:

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62

36

322

Articles, letters, editorials and other pertinent material submitted for the record by those who could not attend the hearings---Congressional releases and speeches____

363-443

445-457

Conservation and environment groups: Communications, articles, and statements

461-475

Law schools: Articles. communications. and statements____

477-538

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