Читать книгу The Tax Law of Charitable Giving - Bruce Hopkins R., Bruce R. Hopkins, David Middlebrook - Страница 58

If an organization listed in or covered by TEOS or EO BMF Extract ceases to qualify as an entity to which contributions are deductible and the IRS revokes the organization's determination letter, contributors to the entity may generally rely on the letter information provided in either database that contributions are deductible until the date of a public announcement (such as in the Internal Revenue Bulletin) stating that the organization no longer qualifies as a charitable entity.⁵⁹⁶

If an organization listed in or covered by either of these databases ceases to qualify as a charitable entity as a result of an automatic revocation of tax-exempt status,⁵⁹⁷ contributions made to the organization by persons unaware of the organization's change in status generally will be considered deductible if made on or before the date its name is posted on the auto-revocation list.⁵⁹⁸

The IRS has the authority to extend the period for which a contribution is deductible under certain circumstances. One circumstance is where a legally enforceable obligation was made to an organization prior to the date of a public announcement or posting and satisfaction of the obligation occurs on or after that date.⁵⁹⁹ The IRS, however, is not precluded from disallowing a deduction for a contribution made after an organization ceases to qualify as a charitable entity and prior to public announcement or posting of revocation if the contributor had knowledge of revocation of the determination letter prior to the public announcement or posting, was aware that the revocation was imminent, or was in part responsible for, or was aware of, the activities or deficiencies on the part of the organization that gave rise to the loss of qualification.⁶⁰⁰

Contributors may rely on an organization's subsequent listing in TEOS or the EO BMF Extract for contributions made after the date of the subsequent listing even if the organization's tax-exempt status was previously revoked if the date the organization is posted in TEOS or the EO BMF Extract is after the date of public announcement of revocation of the organization's exempt status.⁶⁰¹ A similar rule applies in connection with the auto-revocation process.⁶⁰²