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54-631: The project is classified as a 501(c)(3) non-profit organization. Its sleds are built in NASCAR Cup Series driver Joey Logano 's Huntersville, North Carolina race shop. Geoff Bodine was watching the 1992 Winter Olympics when he noticed the American team struggling in the bobsled event. At the time, the United States had not won an Olympic bobsled medal since 1956 , and was using substandard sleds imported from Europe. Bodine

108-474: A corporation or as a group of corporations that cooperate with one another in various ways. These ways can include constituting a trade association , owning stock in one another, constituting a corporate group (sometimes specifically a conglomerate ), or combinations thereof. The term trust is often used in a historical sense to refer to monopolies or near-monopolies in the United States during

162-545: A safe harbor for the "substantial part" test, the United States Congress enacted §501(h), called the Conable election after its author, Representative Barber Conable . The section establishes limits based on operating budget that a charity can use to determine if it meets the substantial test. This changes the prohibition against direct intervention in partisan contests only for lobbying. The organization

216-429: A 501(c)(3) organization, a donor can consult the searchable online IRS list of charitable organizations to verify that the organization qualifies to receive tax-deductible charitable contributions. Consumers may file IRS Form 13909, with documentation, to complain about inappropriate or fraudulent (i.e., fundraising, political campaigning, lobbying) activities by any 501(c)(3) organization. Most 501(c)(3) must disclose

270-509: A candidate in some manner, or (c) favor a candidate or group of candidates, constitute prohibited participation or intervention. Since section 501(c)(3)'s political-activity prohibition was enacted, "commentators and litigants have challenged the provision on numerous constitutional grounds", such as freedom of speech , vagueness , and equal protection and selective prosecution. Historically, Supreme Court decisions, such as Regan v. Taxation with Representation of Washington , suggested that

324-623: A charity without such status, and individual donors often do not donate to such a charity due to the unavailability of tax deduction for contributions. The two exempt classifications of 501(c)(3) organizations are as follows: The basic requirement of obtaining tax-exempt status is that the organization is specifically limited in powers to purposes that the IRS classifies as tax-exempt purposes. Unlike for-profit corporations that benefit from broad and general purposes, non-profit organizations need to be limited in powers to function with tax-exempt status, but

378-595: A choice between two sets of rules establishing an upper bound for their lobbying activities. Section 501(c)(3) organizations risk loss of their tax-exempt status if these rules are violated. An organization that loses its 501(c)(3) status due to being engaged in political activities cannot subsequently qualify for 501(c)(3) status. Churches must meet specific requirements to obtain and maintain tax-exempt status; these are outlined in "IRS Publication 1828: Tax Guide for Churches and Religious Organizations". This guide outlines activities allowed and not allowed by churches under

432-544: A church's principal means of accomplishing its religious purposes must be to assemble regularly a group of individuals related by common worship and faith." The United States Tax Court has stated that, while a church can certainly broadcast its religious services by radio, radio broadcasts themselves do not constitute a congregation unless there is a group of people physically attending those religious services. A church can conduct worship services in various specific locations rather than in one official location. A church may have

486-503: A deduction for federal income tax purposes, for some donors who make charitable contributions to most types of 501(c)(3) organizations, among others. Regulations specify which such deductions must be verifiable to be allowed (e.g., receipts for donations of $ 250 or more). Due to the tax deductions associated with donations, loss of 501(c)(3) status can be highly challenging if not fatal to a charity's continued operation, as many foundations and corporate matching funds do not grant funds to

540-558: A determination letter. A nonprofit organization that did so prior to that date could still be subject to challenge of its status by the Internal Revenue Service. Individuals may take a tax deduction on a charitable gift to a 501(c)(3) organization that is organized and operated exclusively for religious, charitable, scientific, literary or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve

594-411: A foreign subsidiary to facilitate charitable work in a foreign country, then donors' contributions to the 501(c)(3) organization are tax-deductible even if intended to fund the foreign charitable activities. If a foreign organization sets up a 501(c)(3) organization for the sole purpose of raising funds for the foreign organization, and the 501(c)(3) organization sends substantially all contributions to

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648-444: A limited amount of lobbying to influence legislation. Although the law states that "no substantial part" of a public charity's activities can go to lobbying, charities with large budgets may lawfully expend a million dollars (under the "expenditure" test) or more (under the "substantial part" test) per year on lobbying. The Internal Revenue Service has never defined the term "substantial part" with respect to lobbying. To establish

702-783: A manner consistent with a particular religion's religious beliefs does not qualify as a tax-exempt church. Organizations described in section 501(c)(3) are prohibited from conducting political campaign activities to intervene in elections to public office. The Internal Revenue Service website elaborates on this prohibition: Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of

756-412: A market, which is how the narrower sense of the term grew out of the broader sense. In the United States, the use of corporate trusts died out in the early 20th century as U.S. states passed laws making it easier to create new corporations . The OED (Oxford English Dictionary) dates use of the word trust in a business organization sense from 1825. The business or "corporate" trust came into use in

810-467: A non-partisan manner do not constitute prohibited political campaign activity. In addition, other activities intended to encourage people to participate in the electoral process, such as voter registration and get-out-the-vote drives, would not be prohibited political campaign activity if conducted in a non-partisan manner. On the other hand, voter education or registration activities with evidence of bias that (a) favor one candidate over another, (b) oppose

864-414: A non-profit corporation is by default not limited in powers until it specifically limits itself in the articles of incorporation or nonprofit corporate bylaws. This limiting of the powers is crucial to obtaining tax exempt status with the IRS and then on the state level. Organizations acquire 501(c)(3) tax exemption by filing IRS Form 1023 . As of 2006 , the form must be accompanied by an $ 850 filing fee if

918-484: A result of the historical public aversion to trusts, while other countries use the term competition laws instead. Monopoly pricing had also become a contentious issue, with several states passing Granger Laws to regulate railroad and grain elevator prices to protect farmers. The Interstate Commerce Act of 1887 created the Interstate Commerce Commission for similar purposes, federalizing

972-426: A second party, called a trustee. The trustee holds the property, while any benefit from the property accrues to another person, the beneficiary. Trusts are commonly used to hold inheritances for the benefit of children and other family members, for example. In business, such trusts, with corporate entities as the trustees, have sometimes been used to combine several large businesses in order to exert complete control over

1026-442: A significant number of people associate themselves with the church on a regular basis, even if the church does not have a traditional established list of individual members. In order to qualify as a tax-exempt church, church activities must be a significant part of the organization's operations. An organization whose operations include a substantial nonexempt commercial purposes, such as operating restaurants and grocery stores in

1080-498: A three-year period beginning with the due date of the return, including any extension of time for filing. The Internal Revenue Service provides information about specific 501(c)(3) organizations through its Tax Exempt Organization Search online. A private nonprofit organization, GuideStar , provides information on 501(c)(3) organizations. ProPublica's Nonprofit Explorer provides copies of each organization's Form 990 and, for some organizations, audited financial statements. Open990

1134-557: Is a searchable database of information about organizations over time. WikiCharities, is a nonprofit database of nonprofits and charities by name, location, and topic, that allows each organization to report its financials, leadership, contacts, and other activities. Section 501(c)(3) organizations are prohibited from supporting political candidates, as a result of the Johnson Amendment enacted in 1954. Section 501(c)(3) organizations are subject to limits on lobbying , having

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1188-434: Is allowed to award grants to foreign charitable organizations if the grants are intended for charitable purposes and the grant funds are subject to the 501(c)(3) organization's control. Additional procedures are required of 501(c)(3) organizations that are private foundations . Donors' contributions to a 501(c)(3) organization are tax-deductible only if the contribution is for the use of the 501(c)(3) organization, and that

1242-443: Is now presumed in compliance with the substantiality test if they work within the limits. The Conable election requires a charity to file a declaration with the IRS and file a functional distribution of funds spreadsheet with their Form 990. IRS form 5768 is required to make the Conable election. A 501(c)(3) organization is allowed to conduct some or all of its charitable activities outside the United States. A 501(c)(3) organization

1296-581: The 1998 Winter Olympics in Nagano, Japan, only the program's second Olympics, the US men's four-man team missed out on the bronze medal by a mere 0.02 seconds. At the 2002. Winter Olympics in Salt Lake City, Utah (USA), the team won three bobsled medals : a gold in the women's competition, and silver and bronze in the four-man sled. The project later constructed the "Night Train" sled, the fastest sled in

1350-590: The Second Industrial Revolution in the 19th century and early 20th century. The use of corporate trusts during this period is the historical reason for the name " antitrust law ". In the broader sense of the term, relating to trust law , a trust is a legal arrangement based on principles developed and recognised over centuries in English law, specifically in equity , by which one party conveys legal possession and title of certain property to

1404-839: The United States Code . It is one of the 29 types of 501(c) nonprofit organizations in the US. 501(c)(3) tax-exemptions apply to entities that are organized and operated exclusively for religious , charitable , scientific , literary or educational purposes, for testing for public safety , to foster national or international amateur sports competition, or for the prevention of cruelty to children or animals . 501(c)(3) exemption applies also for any non-incorporated community chest , fund, cooperating association or foundation organized and operated exclusively for those purposes. There are also supporting organizations—often referred to in shorthand form as "Friends of" organizations. 26 U.S.C.   § 170 provides

1458-520: The United States Court of Federal Claims have concurrent jurisdiction to issue a declaratory judgment of the organization's qualification if the organization has exhausted administrative remedies with the Internal Revenue Service. Prior to October 9, 1969, nonprofit organizations could declare themselves to be tax-exempt under Section 501(c)(3) without first obtaining Internal Revenue Service recognition by filing Form 1023 and receiving

1512-509: The 14-point list is a guideline; it is not intended to be all-encompassing, and other facts and circumstances may be relevant factors. Although there is no definitive definition of a church for Internal Revenue Code purposes, in 1986 the United States Tax Court said that "A church is a coherent group of individuals and families that join together to accomplish the religious purposes of mutually held beliefs. In other words,

1566-520: The 19th-century United States, during the Gilded Age , as a legal device to consolidate industrial activity across state lines. In 1882 John D. Rockefeller and other owners of Standard Oil faced several obstacles to managing and profiting from their large oil refining business. The existing approach of separately owning and dealing with several companies in each state was unwieldy, often resulting in turf battles and non-uniform practices. Furthermore,

1620-444: The 2007 and 2008 events as well while Todd Bodine and Morgan Lucas won the next challenge. The 2010 challenge was won by Joey Logano. On December 21, 2010, it was announced that the challenge would be discontinued. 501(c)(3) A 501(c)(3) organization is a United States corporation, trust , unincorporated association or other type of organization exempt from federal income tax under section 501(c)(3) of Title 26 of

1674-640: The 501(c)(3) designation. In 1980, the United States District Court for the District of Columbia recognized a 14-part test in determining whether a religious organization is considered a church for the purposes of the Internal Revenue Code: Having an established congregation served by an organized ministry is of central importance. Points 4, 6, 8, 11, 12, and 13 are also especially important. Nevertheless,

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1728-405: The 501(c)(3) organization is not merely serving as an agent or conduit of a foreign charitable organization. The 501(c)(3) organization's management should review the grant application from the foreign organization, decide whether to award the grant based on the intended use of the funds, and require continuous oversight based on the use of funds. If the donor imposes a restriction or earmark that

1782-548: The Court, if it were to squarely examine the political-activity prohibition of § 501(c)(3), would uphold it against a constitutional challenge. However, some have suggested that a successful challenge to the political activities prohibition of Section 501(c)(3) might be more plausible in light of Citizens United v. FEC . In contrast to the prohibition on political campaign interventions by all section 501(c)(3) organizations, public charities (but not private foundations) may conduct

1836-422: The Internal Revenue Service. The same public inspection requirement applies to the organization's annual return, namely its Form 990 , Form 990-EZ, Form 990-PF, Form 990-T, and Form 1065, including any attachments, supporting documents, and follow-up correspondence with the Internal Revenue Service, with the exception of the names and addresses of donors on Schedule B. Annual returns must be publicly available for

1890-548: The Pennsylvania legislature proposed to tax out-of-state corporations on their entire business activity. Concerned that other states could follow, Standard Oil had its attorney Samuel C. T. Dodd adapt the common law instrument of a trust to avoid cross-state taxation and to impose a single management hierarchy. The Standard Oil Trust was formed pursuant to a trust agreement in which the individual shareholders of many separate corporations agreed to convey their shares to

1944-423: The assets of AK Racing , and used his leverage and connections as a NASCAR car owner to begin fundraising for the project. The project, known as Bo-Dyn ("Bo" for Bodine, "Dyn" for Chassis Dynamics), started having its sleds used by the U.S. team in 1994. In 2000, Whelen Engineering Company joined the project as sponsors, while Whelen Vice President Phil Kurze became the project's president the following year. At

1998-405: The contribution must be used for foreign activities, then the contribution is deemed to be for the foreign organization rather than the 501(c)(3) organization, and the contribution is not tax-deductible. The purpose of the grant to the foreign organization cannot include endorsing or opposing political candidates for elected office in any country. If a 501(c)(3) organization sets up and controls

2052-464: The foreign organization, then donors' contributions to the 501(c)(3) organization are not tax-deductible to the donors. The main differences between 501(c)(3) and 501(c)(4) organizations lie in their purposes and the tax-exempt benefits they receive. Here is a brief explanation of the differences: Trust (business) A trust or corporate trust is a large grouping of business interests with significant market power , which may be embodied as

2106-565: The legal instruments used to create the corporate trusts, received a hostile reception in state courts during the 1880s and were quickly phased out in the 1890s in favor of other devices like holding companies for maintaining centralized corporate control. For example, the Standard Oil Trust terminated its own trust agreement in March 1892. Regardless, the name stuck, and American competition laws are known today as antitrust laws as

2160-484: The movement against anti-competitive business practices. In 1898, President William McKinley launched the trust-busting era (one aspect of the Progressive Era ) when he appointed the U.S. Industrial Commission . Theodore Roosevelt seized upon the commission's report and based much of his presidency (1901–1909) on trust-busting . Prominent trusts included: Other companies also formed trusts, such as

2214-523: The names and addresses of certain large donors to the Internal Revenue Service on their annual returns, but this information is not required to be made available to the public, unless the organization is an independent foundation. Churches are generally exempt from this reporting requirement. Every 501(c)(2) organization must make available for public inspection its application for tax-exemption, including its Form 1023 or Form 1023-EZ and any attachments, supporting documents, and follow-up correspondence with

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2268-515: The organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes. Certain activities or expenditures may not be prohibited depending on the facts and circumstances. For example, certain voter education activities (including presenting public forums and publishing voter education guides) conducted in

2322-536: The organization of large businesses, they soon faced widespread accusations of abusing their market power to engage in anticompetitive business practices (in order to establish and maintain monopolies). Such accusations caused the term trust to become strongly associated with such practices among the American public and led to the enactment in 1890 of the Sherman Antitrust Act , the first U.S. federal competition statute. Meanwhile, trust agreements,

2376-410: The payee or the payee's children. The payments are not tax-deductible charitable contributions even if a significant portion of a church school's curriculum is religious education. For a payment to be a tax-deductible charitable contribution, it must be a voluntary transfer of money or other property with no expectation of procuring financial benefit equal to the transfer amount. Before donating to

2430-472: The provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals. An individual may not take a tax deduction on gifts made to a 501(c)(3) organization that is organized and operated exclusively for the testing for public safety. In the case of tuition fees paid to a private 501(c)(3) school or a church school, the payments are not tax-deductible charitable contributions because they are payments for services rendered to

2484-413: The term itself has become contaminated. This is unfortunate, for it is difficult to find a substitute for it. There may, of course, be illegal trusts; but a trust in and by itself is not illegal: when resorted to for a proper purpose, it has been for centuries enforced by courts of justice, and is, in fact, the creature of a court of equity . Although such corporate trusts were initially set up to improve

2538-401: The traditional sense and the new corporate trusts: A trust is ... simply the case of one person holding the title of property, whether land or chattels, for the benefit of another, termed a beneficiary. Nothing can be more common or more useful. But the word is now loosely applied to a certain class of commercial agreements and, by reason of a popular and unreasoning dread of their effect,

2592-431: The trust; it ended up entirely owning 14 corporations and also exercised majority control over 26 others. Nine individuals held trust certificates and acted as the trust's board of trustees. One of those trustees, Rockefeller himself, held 41% of the trust certificates; the next most powerful trustee held about 13%. This trust became a model for other industries. An 1888 article explained the difference between trusts in

2646-599: The whole country was cheering for them felt pretty darn special. On April 30, 2011, Bo-Dyn and the USBSF ended its partnership due to intellectual property disagreements, and BMW became the new bobsled provider. Subsequent litigation between the two parties was dropped in 2013. The same year, Bo-Dyn began working on the Night Train 2, which was designed using carbon fiber instead of Kevlar and fiberglass , as carbon fiber provides improved weight distribution. Night Train 2

2700-638: The world. Kurze stated that Night Train cost more than $ 250,000 to build. In the 2010 Winter Olympics , the United States used the sled to win its first gold medal since 1948 . When asked about the win, Bodine stated, Winning the Daytona 500 is NASCAR's biggest race. When you win that, it's a great feeling. But the Olympics is worldwide competition. It's incredible. I didn't get a trophy and I didn't get any money for it, but seeing those gold medals hanging on those four athletes felt pretty darn good. To know

2754-405: The yearly gross receipts for the organization are expected to average $ 10,000 or more. If yearly gross receipts are expected to average less than $ 10,000, the filing fee is reduced to $ 400. There are some classes of organizations that automatically are treated as tax exempt under 501(c)(3), without the need to file Form 1023: The IRS released a software tool called Cyber Assistant in 2013, which

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2808-544: Was invited to Lake Placid to visit the team and take part in demonstration runs. Bodine stated afterwards, "When I heard that our athletes weren't using American-made bobsleds, that was unacceptable." Bodine stated about the project, "I'm glad we did it. No regrets. Not one regret. It's all about 'Made in the USA.' I'm a believer, I love our country . . . and the foundation of our country." Bodine partnered with race-car builder Bob Cuneo to build sleds. Bodine had recently purchased

2862-408: Was succeeded by Form 1023-EZ in 2014. There is an alternative way for an organization to obtain status if an organization has applied for a determination and either there is an actual controversy regarding a determination or the Internal Revenue Service has failed to make a determination. In these cases, the United States Tax Court , the United States District Court for the District of Columbia , and

2916-644: Was used by the U. S. team in the 2014 Winter Olympics . Bo-Dyn served as Bodine's sponsor in the E-Z-GO 200 Camping World Truck Series race in 2010. From 2006 to 2010, the Geoff Bodine Bobsled Challenge was held, with funds raised going to the Bo-Dyn project. Various NASCAR drivers entered the event, along with NHRA drivers. The inaugural event in 2006 was won by Boris Said along with his brakeman Ryan Johnston, Boris would go on to win

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