1falsewitness
Richard Posner 360x1000
399
Thomas Piketty1 360x1000
Margaret Fuller5 360x1000
13albion
2lafayette
5albion
2jesusandjohnwayne
299
1lafayette
199
6confidencegames
1defense
AlexRosenberg
Stormy Daniels 360x1000
5confidencegames
George M Cohan and Lerarned Hand 360x1000
8albion'
Maurice B Foley 360x1000
James Gould Cozzens 360x1000
Adam Gopnik 360x1000
1madoff
1confidencegames
1paradide
1albion
LillianFaderman
2confidencegames
Thomas Piketty2 360x1000
2albion
Brendan Beehan 360x1000
Margaret Fuller1 360x1000
3paradise
Margaret Fuller 360x1000
2defense
lifeinmiddlemarch2
3defense
Margaret Fuller 2 360x1000
2falsewitness
Margaret Fuller2 360x1000
1lookingforthegoodwar
1jesusandjohnwayne
Maria Popova 360x1000
1transcendentalist
Thomas Piketty3 360x1000
Ruth Bader Ginsburg 360x1000
2paradise
10abion
1gucci
Gilgamesh 360x1000
499
Betty Friedan 360x1000
storyparadox3
Tad Friend 360x1000
2gucci
Storyparadox1
Mark V Holmes 360x1000
Office of Chief Counsel 360x1000
4confidencegames
Susie King Taylor 360x1000
Mary Ann Evans 360x1000
9albion
Learned Hand 360x1000
11albion
Margaret Fuller3 360x1000
6albion
3confidencegames
1theleasofus
7confidencegames
1trap
Anthony McCann2 360x1000
2lookingforthegoodwar
2theleastofus
2transadentilist
2trap
12albion
3theleastofus
4albion
storyparadox2
Anthony McCann1 360x1000
3albion
11632
lifeinmiddlemarch1
7albion
Samuel Johnson 360x1000
14albion
Lafayette and Jefferson 360x1000
1empireofpain
Edmund Burke 360x1000
Susie King Taylor2 360x1000
Margaret Fuller4 360x1000
Spottswood William Robinson 360x1000
1lauber
George F Wil...360x1000
 

Originally published on Forbes.com Sept 5th, 2013
The Tax Court decision in the case of Capital Gymnastics Boosters Club has not attracted much notice.  I’ve been looking at it, because I find it slightly amusing, one of the three criteria I use in selecting cases and rulings to discuss.  Professor Richard Wood of Capital University Law] School seem to think it is a very big deal, though, so maybe we need to take it seriously.  The issue is pretty simple.  If an organization works on raising funds so that kids can participate in a salubrious activity, that is, in principle, an exempt activity.  If each of the people working the fund raisers is doing it so their kid specifically can participate, that is another story.  That’s inurement.
Capital Gymnastics Boosters Club had a relationship with a for profit entity called Capital Gymnastics National Training Center, which is referred to as Training Center.  Having your kid participate in gymnastic competitions is expensive:

Each athlete’s family paid tuition directly to the Training Center, ranging in FY 2003 from $200 per month for the youngest age groups to $330 per month for the oldest age groups. The families also paid to third parties (not to the Training Center or Capital Gymnastics) other expenses, such as national dues, a registration fee of $100, the cost of specialized equipment such as grips and official gym uniforms, and the expenses of travel to gymnastics meets, including airline tickets, hotels, and restaurants for the athletes (and for their parents if they chose to attend the meets).

Then there is the cost of the competitions themselves.  The booster club took care of that.  Membership in the booster club was mandatory for parents of athletes who trained for competition at the Training Center.
The cost of membership in the booster club was $40 in annual dues plus an assessment of between $600 to $1,400 per year to cover entry fees and coach travel expenses.  If the assessment including late fees were not paid, the athlete could not compete.  There were no scholarships.
This is where the fundraising came in.  Capital Gymnastics’ fundraisers included selling wrapping paper, discount cards, cookie dough, candles, ornaments, and “scrip”.  (Scrip is certificates sold for and redeemable at face value with a merchant.  The merchant provides the scrip to the organization at a discount.) If the fundraising had gone towards reducing the assessments in general, there probably would not have been a problem.  That was not the way it worked:

For the families that chose to fundraise, Capital Gymnastics awarded points in proportion to the fundraising profit that each family generated. Each point was worth $10. The chairperson of each fundraiser also received a small number of points as an incentive to manage the fundraisers.
Parents who did not participate in the fundraising—slightly more than half of the families—did not receive a benefit from the fundraising activities of the other parents. Rather, families who did not fundraise wrote checks to Capital Gymnastics for their full assessment amount.
This allocation of fundraising benefit solely to fundraising families was conscious and deliberate, since Capital Gymnastics explicitly prevented those it called “freeloaders” or “moochers” from benefiting from the fundraising activity of others.

The organization argued that this was not inurement since there was no way that the money would go to the parents.  If they raised more than the current year assessment they got a credit for the subsequent year, but never a refund.  They argued that this fund raising technique was actually a “best practice”.  The Tax Court did not buy it:

In so holding, we do not criticize (except in the tax-exemption context) Capital Gymnastics’ “point” system. Parents who make a serious financial investment in the development of their children’s athletic abilities should be free to arrange that activity in the manner they choose. The arrangement that Capital Gymnastics developed may well be a rational, wholesome, just, and efficient fundraising method (a proposition as to which we have no jurisdiction to make a declaratory judgment); but even if so, it does not further a tax-exempt purpose. Capital Gymnastics’ arrangement reflects instead the purpose of promoting the financial interests of its fundraising members.

Is This A Big Deal ?
Given the numbers involved, I was puzzled why this went to Tax Court.  Professor Wood, as I noted, thinks this is a big deal:

This decision may have far reaching consequences. 501(c)(3) organizations that compensate those who assist with fundraising activities by reducing fees or other payments may risk losing their tax exempt status. Schools that provide tuition relief for parents who assist with fundraising may be particularly vulnerable. Additionally, those who work as fundraisers in exchange for reduced tuition or fees will be required to report taxable income.

Apparently there are quite a few booster clubs out there.  If you put “booster” as a search term into GuideStar, you get 11,781 results (For comparison “hunger” yields 1,901).  Of course many of the 11,781 are organizations of an entirely different nature such as Seminole Boosters Inc. and Gator Boosters Inc, which each gross over $30 million.  Still ParentBooster USA, which does serve similar organizations, has over 1,400 members.  PBUSA cautions against the use of “individual fundraising accounts” in its introductory material, so I suspect that the practice is fairly widespread.
You can follow me on twitter @peterreillycpa.