FSC/FSDEF Comments Urging IRS to Protect Nonprofit Donor Lists

Michael Harless Administrative Law, Nonprofit Law

On behalf of the Free Speech Coalition and Free Speech Defense and Education Fund, we submitted comments to the IRS asking it to protect the confidentiality the donor lists of nonprofit organizations.  The IRS had invited comments on its Publication 1075 relating to security guidelines for government agencies in possession of confidential tax
information.

Our comments explained how the California and New York attorneys general are demanding the names of its larger donors as a condition of nonprofit organizations fundraising in those states. We explain how such efforts violate both federal law and the U.S. Constitution.  The comments urged the IRS to address this problem in its revisions to Publication 1075.

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