[cryptome] Re: Disclosure of donor names: question

  • From: Michael Best <themikebest@xxxxxxxxx>
  • To: cryptome <cryptome@xxxxxxxxxxxxx>
  • Date: Thu, 19 Nov 2015 23:19:35 -0500

I sent a lawyer friend a link to the site and asked him about it. He's not
a tax attorney, but I figured he could ask a colleague or put his general
lawyer smarts to good use. I'm not sure if he asked someone or just did
some searching, but I got back a link to this page
<https://www.irs.gov/Charities-&-Non-Profits/Public-Disclosure-and-Availability-of-Exempt-Organizations-Returns-and-Applications:-Contributors'-Identities-Not-Subject-to-Disclosure>
and this quote:

Contributor names and addresses listed on an exempt organization's

exemption application are subject to disclosure, however. This general
exclusion for contributor information on annual returns does not apply to
private foundations, or to political organizations described in section 527
of the Internal Revenue Code. Certain tax-exempt political organizations
must report the name and address, and the occupation and employer (if an
individual), of any person that contributes in the aggregate $200 or more
in a calendar year on Schedule A of Form 8872.


I can't tell whether the $200 amount applies to both private foundations or
just to "certain tax-exempt political organizations". The good news is that
even *if* that number applies, it *won't* catch most donors - and *definitely
not *people who only order the USB archives without additional
contributions. So good news there.

He also mentioned that since government information is involved, there
could be an extra requirement. Apparently they like their monopoly
<https://www.irs.gov/publications/p557/ch02.html#en_US_201502_publink1000200007>
on
distributing info. Cue eyeroll.

501(c) organizations that offer to solicit money for information that could
be obtained free from the Federal Government must include a statement that
the information can be freely obtained.


Like a lot of laws, it sounds silly but I figured I'd share the heads-up
FWIW. As much as I enjoy literary consonance, no one wants to see a
headline that compares Cryptome to Capone.

--Mike the Fallible, First of His Name, King of the Fools and the Blind Men.

On Thu, Nov 19, 2015 at 2:45 PM, Michael Best <themikebest@xxxxxxxxx> wrote:

Setting aside the lack of deductibility, make sure that that's okay first.
Regardless of what the check is made out to, or how the PayPal account is
registered, it might cause problems for John if it mixes nonprofit
activities and other ones. IRS is fierce and unpredictable, and even an
innocent mistake can result in fines or even Al Capone's fate - especially
if the IRS is being used politically or as a law enforcement substitute.

On Nov 19, 2015, at 2:35 PM, Ryan Carboni <ryacko@xxxxxxxxx> wrote:

Then make the check payable to John Young, not Cryptome.

On Wed, Nov 18, 2015 at 7:45 PM, Shelley <shelley@xxxxxxxxxxxxxxxx> wrote:

Greetings, Cryptomelings.

I saw a post earlier about non-profit status and it made me wonder: if I
donate for the archives, will my info remain protected? I've been thinking
about doing that so I have an "official" copy to seed.

Until I looked into it, I didn't even know there were different reporting
requirements for 501(c)3 orgs. Never thought about it before.

According to these,

http://web.archive.org/web/20151027202128/http://cryptome.org/donations-tax-exempt.jpg


https://apps.irs.gov/app/eos/pub78Search.do?ein1=&names=Cryptome&city=&state=NY&country=US&deductibility=all&dispatchMethod=searchCharities&submitName=Search

Cryptome has to file a 990-PF. It seems that form requires disclosure of
names? At least that's what I think

https://www.irs.gov/Charities-&-Non-Profits/Public-Disclosure-and-Availability-of-Exempt-Organizations-Returns-and-Applications:-Requirements-for-Private-Foundations
says.

I'm not all that concerned for myself, but people from all over the world
request these archives. They may have very valid reasons for not wanting
their names to be disclosed.

John? Can you please clarify and advise?

Thanks,
-Shelley





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