$100B In Mormon Till Does Not Merit IRS Attention
If LDS has accumulated $100 billion and not been transparent about it, it is really up to the members to deal with their leadership. If it is bad policy to allow exempt organizations to accumulate so much, Congress should change the law. There is really nothing here for the IRS to do making the whistleblower complaint pure drama.
IRS Wins Most Hobby Loss Cases But Don’t Let That Intimidate You
If your client has something that they want to do and can tell you with a straight face that they are trying to make money at it, you should counsel them to take the losses, but only if they are willing to act in a businesslike manner. Separate accounts. Strong substantiation. But most importantly at least once a year talk to your client about why there were losses and what they are going to do differently in the future in order to change things. Document those discussions.
It does not matter that profitability is improbable, it just has to be sincerely pursued.
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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.