Benjamin M. Leff

A conversation with American University Washington College of Law’s Benjamin M. Leff (Part 2 of 2)

The professor and specialist in nonprofit law and philanthropy talks to Michael E. Hartmann about whether private foundations got a better or worse bargain in the 1969 Tax Reform Act than donor-advised funds (DAFs) got in the 2006 Pension Protection Act, the benefits of “bright-line” rules in the context of the public-support test loophole specifically, but also others in philanthropy and nonprofitdom, and the “low-hanging fruit” of closing DAFs’ public-support test loophole compared to other contemplated reforms.

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Benjamin M. Leff

A conversation with American University Washington College of Law’s Benjamin M. Leff (Part 1 of 2)

The professor and specialist in nonprofit law and philanthropy talks to Michael E. Hartmann about the history and purpose of the public-support test, the “Grand Bargain” of the 1969 Tax Reform Act and the “new bargain” of the 2006 Pension Protection Act, and potential explanations for the use of donor-advised funds to avoid the test and its ramifications.

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Foreign agents and American nonprofits

Casey Michel’s book explores, among other things, the growing problem of foreign funding of U.S. nonprofits in order to exert political influence. Addressing this issue might be the best initial opportunity for cross-ideological, bipartisan cooperation toward meaningful nonprofit-sector reform—perhaps leading to broader, bolder efforts against Big Philanthropy and its increasingly stretched definitions of charity.

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