IRS wants donor info; what some orgs can do about it

The National Council of Nonprofits is strongly opposed to the proposed gift substantiation guidelines for the common sense reason that the IRS, along with other federal agencies, have already suffered significant security breaches. But that’s just the tip of the iceberg when it comes to identity protection. The argument against collecting donor data goes far beyond hacking and identity theft. It brings up the fact that the IRS has already illicitly sidelined granting nonprofit status to organizations that represent conservative causes. It can only be assumed that Christian organizations are next on the list as being painted with the broad brush of this administration’s description of conservative (and probable extremist) activism. The president and democrat presidential candidates have already declared republicans (their all-encompassing term for conservatives) as their primary enemy rather than ISIS and radical Islamic, or islamist for the PC crowd, terrorism. The administration employs the word “extremist” in place of Islamic. Note the connecting thread making conservatives into extremists, which now includes Christians, republicans, tea party, etc. but excludes muslims. The latter designation by the Obama administration of anyone who identifies (self or government agency declared) with conservative, i.e. differing, opinion has been well documented. Department of Homeland Security, during this administration, has gone so far as to class former military in a potential extremist category, implying that men and women who have honorably served this nation should be considered dangerous and proscribed the opportunity to buy and possess firearms.¹ The president’s address December 6, 2015 encouraging Congress to decline the Constitutionally-guaranteed ability to purchase guns by anyone added to an arbitrary no-fly or watch list (recall Journalist Stephen Hayes being on such a list just last year?) should raise every citizen’s hackles. This move by the administration to pressure nonprofits, which most churches are now labeled, to “voluntarily” collect SSNs of those contributing $250 or more, unduly burdens organizations with additional red tape and risk of hacking. The Council brings up the fact that the regulation will critically impede charitable fundraising, let alone affect church tithing… all because of increased threat to identity preservation.

In creating a valuable tool to undermine conservative gifting, Christian charity and even educational program funding – outside of government grants – the administration is obviously creating a tracking device for potential “deniers,” as it likes to call anyone disagreeing with Obama policy. The question then becomes, what can be done to prevent this unconstitutional action by an overreaching president? Unconstitutional in the fact that it undermines free speech, which decision as to how one spends their wealth is an outspoken application thereof. The president has already restricted the ability of individuals to create organizations that promote Constitutional principles by refusing (or just losing) their applications for nonprofit status, and this includes churches that seek to practice First Amendment freedom of religion. For churches and religious organizations the solution is readily available under the Internal Revenue Code as it now stands by taking advantage of §508. As to other nonprofits, it is up to Congress to restrain the unfettered activities of the IRS, beginning with the agency’s charter and whether it is operating constitutionally. Interestingly, Toddy Littman just wrote a surprising account of the FBI’s dubious constitutional establishment. As the IRS is another enforcement agency under the auspices of a cabinet post, Secretary of the Treasury, the IRS should come under scrutiny in terms of its constitutional foundation as to how far afield the bureau has roamed outside of its legislative bounds. This is especially true in that the rise of the bureau, the largest in the Department of the Treasury, has a sketchy history that appears to be more accepted in its formation rather than purposefully authorized. 26 US Code §6301 is as close as it gets to legislative charter: “The Secretary shall collect the taxes imposed by the internal revenue laws.” As most agencies of government, regulatory and enforcement bureaus have a tendency to gain their appointments and power by osmosis rather than specific legislation. The greatest impediment to restraining the uninhibited growth of the IRS is Congress itself, whose individual members access tax dollars to finance their own power base, which they are loath to relinquish. The upshot is that we, the People, must pressure our representatives to limit government precisely as the Constitution demands, and refuse to allow its continued, uncontrolled growth. This means, plainly and simply, that Congress must meet our insistence to limit and probably eviscerate the IRS altogether. 1. A. Dru Kristenev, 2015; Labeled an Extremist, Again, Page 142, Pay Attention… your life, family and nation depend on it; ChangingWind