The Antisemitic Squad: Targeting Charities That Support the Jewish People Is Ignorant of the Law


Mark Goldfeder

August 28, 2021

A group of seven liberal Democrats in the House of Representatives recently sent a letter to Treasury Secretary Janet Yellen asking her to review (and calling on her to revoke) the tax-exempt status of American charities that provide support to Jewish people living in the State of Israel, including in the disputed territories of Judea and Samaria.

In addition to spreading baseless lies against the Jewish state, the letter was also egregiously wrong on all relevant laws.

Section 501(c)(3) of the Internal Revenue Code exempts from taxation entities organized and operated exclusively for certain purposes, including charitable and educational purposes. In three Revenue Rulings, the IRS has set forth additional requirements stating that activities of a 501(c)(3) organization must not be “illegal, contrary to a clearly defined and established public policy, or in conflict with express statutory restrictions.” In a few civil rights cases, courts have compelled the IRS to examine and/or revoke the tax-exempt status of a charitable organization that the court determined was engaged in activities that violated the laws or Constitution of the U.S. In no case has the IRS ever been forced to examine and/or revoke an organization’s tax-exempt status based upon alleged violations of “international law.”

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