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Politics : Formerly About Advanced Micro Devices

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To: Wharf Rat who wrote (966093)9/21/2016 12:02:40 PM
From: i-node   of 1575247
 
>> Self-dealing is a crime.

These types of things take a good deal of research and must be done on a case-by-case basis. But in the instant case -- the one we've been talking about -- it is pretty clear that it doesn't constitute self-dealing.

If you make a charitable contribution to a qualified 501(c) charity, and there is some incidental benefit to a disqualified person, that does not result in self-dealing. This has been addressed numerous times, but see Rev. Rul. 75-42, 1975-1 CB 360 for an example. Reg. 53.4941(d)-2(f)(2) provides where a disqualified person receives a benefit that is "incidental or tenuous" (longer flagpole) will not result in an act of self-dealing. The regulation gives an example of a grant made by a foundation to a 509(a) organization is not self-dealing just because an officer is a manager or contributor to the foundation.

I think this is not a difficult argument to have with a Revenue Agent or Appeals personnel. After reading on this a little bit I would suspect that Trump got advice from his tax counsel on this before doing it.
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