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entitled 'Tax Debt: Some Combined Federal Campaign Charities Owe 
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Report to Subcommittee on Oversight, Committee on Ways and Means, House 
of Representatives: 

July 2006: 

Tax Debt: 

Some Combined Federal Campaign Charities Owe Payroll and Other Federal 
Taxes: 

GAO-06-887: 

GAO Highlights: 

Highlights of GAO-06-887, a report to the Subcommittee on Oversight, 
Committee on Ways and Means, House of Representatives 

Why GAO Did This Study: 

The continued success of the Combined Federal Campaign (CFC), which is 
administered by the Office of Personnel Management (OPM), is predicated 
on donor confidence that each donation reaches a legitimate charitable 
organization. 

The Ways and Means Committee’s review of tax-exempt entities has led to 
concerns that charities listed in CFC are failing to remit payroll and 
other taxes to IRS as required by law. Specifically, GAO was asked to 
determine whether and to what extent (1) charities listed in the 2005 
CFC have unpaid payroll and other taxes; (2) selected charities, their 
directors, or senior officers are abusing the federal tax system; and 
(3) OPM screens charities for federal tax problems before allowing them 
to be listed with CFC. 

What GAO Found: 

More than 1,280 CFC charities, nearly 6 percent of charities in the 
OPM- administered 2005 campaign, had tax debts totaling almost $36 
million as of September 30, 2005. While the majority of this debt 
represented payroll taxes, penalties, and interest dating back as far 
as 1988, the debt also included amounts from annual reporting 
penalties, excise taxes, exempt organization business income taxes, 
unemployment taxes, and other types of taxes and penalties. Most of the 
1,280 tax delinquent charities (79 percent) owed less than $10,000. 
Further, at least 170 of the charities with tax debt received about 
$1.6 billion in federal grants in 2005. All 15 of the charities that we 
selected for detailed audit and investigation had abusive and 
potentially criminal activity related to the federal tax system. 
Specifically, rather than fulfill their role as trustees of this money 
and forward it to the IRS, the directors and senior officers diverted 
the money for charity-related expenses, including their own salaries, 
some of which were in excess of $100,000. Although exempt from federal 
income tax, charities as employers are required to forward payroll 
taxes withheld from their employees’ wages to the IRS. Willful failure 
to remit payroll taxes is a felony under U.S. law. We referred all 15 
of these charities to the IRS for consideration of additional 
collection or criminal investigation. 

Table: Examples of Abusive and Potentially Criminal Activity by CFC 
Charities: 

Type of charity: Museum; 
Tax debt: Over $100,000; 
Charity activity: Repeatedly underpaid payroll taxes. Federal and local 
liens were filed against the charity. The IRS assessed a penalty 
against personal assets of the director who admitted to underpaying 
payroll taxes to fund operations. 

Type of charity: Health Service Provider; Tax debt: Over $400,000; 
Charity activity: Repeatedly remitted payroll taxes too late while 
accruing interest and penalties. Executives were paid through a 
contractor that received $3 million from the charity. Received more 
than $2 million in federal grants from the Department of Health and 
Human Services. 

Type of charity: Mental Health Clinic; Tax debt: Over $1.5 million; 
Charity activity: Repeatedly failed to remit or to remit timely payroll 
taxes for the last 15 years. Director diverted payroll tax to pay his 
and employee salaries. 

Source: GAO's analysis of IRS public, and other records. 

[End of table] 

OPM does not screen CFC charities for federal tax problems or 
independently validate with the IRS whether the charity is truly a tax-
exempt organization. Federal law prevents OPM from accessing taxpayer 
information required to screen for tax delinquency. Consequently, OPM 
was unaware of the charities that owed federal tax debt and cannot 
provide assurance that the more than 22,000 participating charities are 
tax-exempt organizations. To demonstrate the vulnerability of this 
process, GAO created a fictitious charity and successfully applied to 
three large local campaigns. 

What GAO Recommends: 

To ensure donor confidence and improve control over participation in 
CFC, GAO recommends that OPM take the following two actions: 

* create and maintain a comprehensive database of all local, national, 
and international charities that participate in CFC; and 

* verify with IRS the tax-exempt status of all charities applying to be 
included in the CFC. 

OPM concurred with both of our recommendations and stated it had taken 
or will take actions to address these recommendations. 

[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-06-887]. 

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact Gregory D. Kutz at (202) 
512-7455 or kutzg@gao.gov. 

[End of Section] 

Contents: 

Letter: 

Overview of Testimony: 

Conclusion: 

Recommendations for Executive Action: 

Agency Comments and Our Evaluation: 

Appendixes: 

Appendix I: Testimony on CFC Charities with Unpaid Federal Tax Debt: 

Appendix II: Comments from the Office of Personnel Management: 

Appendix III: Comments from the Internal Revenue Service: 

Appendix IV: GAO Contact and Staff Acknowledgments: 

July 28, 2006: 

The Honorable Jim Ramstad: 
Chairman: 
Subcommittee on Oversight: 
Committee on Ways and Means: 
The House of Representatives: 

Dear Mr. Chairman: 

On May 25, 2006, we testified before the Subcommittee on Oversight of 
the House of Representatives' Committee on Ways and Means on the 
results of our audit and investigations of 2005 Combined Federal 
Campaign (CFC) charities with unpaid federal taxes.[Footnote 1] CFC, 
which is administered and promoted by the Office of Personnel 
Management (OPM) and about 300 local campaigns, is the only authorized 
solicitation of employees in the federal workplace on behalf of 
charitable organizations. In order to participate in CFC, an 
organization must be recognized as tax-exempt by the Internal Revenue 
Service (IRS). Notwithstanding this status, all employers are required 
to withhold from their employees' wages payroll taxes for Social 
Security, Medicare, and other taxes. Willful failure to remit payroll 
taxes is a felony under U.S. law.[Footnote 2] Our work focused on 
determining whether and to what extent (1) charities listed in the 2005 
CFC had unpaid payroll and other federal taxes; (2) selected charities, 
their directors, or senior officers are abusing the federal tax system; 
and (3) OPM screens charities for federal tax problems before allowing 
them to be listed with CFC. 

This report summarizes our testimony, which is reprinted in appendix I, 
and makes specific recommendations for corrective actions. We conducted 
our audit work from January 2006 through May 2006 in accordance with 
U.S. generally accepted government auditing standards. We performed our 
investigative work in accordance with standards prescribed by the 
President's Council on Integrity and Efficiency. 

Overview of Testimony: 

In our testimony, we stated that more than 1,280 CFC charities, nearly 
6 percent of the charities that participated in the OPM-administered 
2005 campaign, had federal tax debts totaling $35.6 million as of 
September 30, 2005. While the majority of this debt represented payroll 
taxes, penalties, and interest dating back as far as 1988, the unpaid 
debt also included amounts from annual reporting penalties, excise 
taxes, exempt organization business income taxes, unemployment taxes, 
and other types of taxes and penalties. Most of the 1,280 delinquent 
charities, 79 percent, owed less than $10,000 in delinquent taxes. 
Further, in identifying charities with unpaid tax debt we took a 
conservative approach, so the $35.6 million in delinquent taxes is 
likely understated. For example, the delinquent tax totals do not 
include amounts for charities that do not file required tax returns or 
taxes for charities that underreport unrelated business income or 
payroll taxes. 

In addition to receiving exclusive access to the federal workplace, we 
also found that more than 170 of these tax-delinquent CFC charities 
received about $1.6 billion in federal grants during fiscal year 2005. 
Five of the 15 charities we investigated were among the more than 170 
charities that received federal grants. These 5 charities received 
grants from the Departments of Health and Human Services (not including 
Medicaid) and Education that totaled more than $6.5 million. 

Our detailed audit and investigation of 15 CFC charities with tax debt 
and their directors or senior officers identified abusive and 
potentially criminal activity.[Footnote 3] Specifically, we found that 
the executives of the 15 charities we investigated failed in their role 
as "trustees" to forward payroll taxes to IRS. Although the charities 
themselves are exempt from federal income taxes, the charities as 
employers are still required by law to withhold amounts from their 
employees' wages for Social Security, Medicare, and individual income 
taxes. Willful failure to remit payroll taxes is a felony. 

Executives from 3 of the 15 selected charities denied owing payroll and 
other taxes when IRS records showed otherwise. Another 5 charities' 
executives explained that they knowingly withheld payroll taxes in 
order to have enough funds available to pay for their salaries and the 
salaries of charity employees, in addition to charity expenses. Our 
work also showed that several of the executives who potentially could 
be assessed trust fund recovery penalties for the debts of their 
charities had salaries in excess of $100,000 and owned significant 
personal assets. In addition, the independent audit reports for some of 
the charities indicated significant cash flow problems. We referred all 
15 cases detailed in our report to IRS so that it can determine whether 
additional collection action or criminal investigation is warranted. 

Neither OPM nor the approximately 300 local campaigns screen charities 
for federal tax problems before allowing charities to be listed with 
CFC. Neither federal regulations nor OPM policies require federal tax 
debt to be considered when determining CFC eligibility. Additionally, 
federal law generally prohibits the disclosure of taxpayer data and, 
consequently, even if OPM had specific policies to check for unpaid 
taxes, it has no access to a specific charity's tax data. Nevertheless, 
CFC does not have the internal control necessary to assure donors that 
charities listed with and backed by CFC are meeting federal laws. 

We also found that OPM and its local campaigns do not validate with IRS 
each CFC applicant's tax-exempt status. To be eligible for CFC, a 
charity must submit as part of its application a copy of a standard IRS 
letter showing that it has received tax-exempt status from IRS under 
501(c)(3) of the Internal Revenue Code.[Footnote 4] To demonstrate the 
vulnerability of OPM's lack of validation of tax-exempt status, we 
applied as a fictitious charity to three local campaigns using fake 
documents and an erroneous IRS taxpayer identification number. In all 
three cases, our fictitious charity was accepted into the local CFC. 
Further, from our referral of more than 1,300 CFC charities whose 
501(c)(3) status we could not confirm using publicly available IRS 
data, IRS identified a number of charities that are not valid 501(c)(3) 
entities. 

Conclusion: 

Federal employees have made a notable difference in the lives of those 
in need through CFC. The continued success of CFC is predicated on each 
donor's confidence in a system that ensures their donations reach 
legitimate charitable organizations. Bona fide charities of CFC have 
the most to lose when such confidence is shaken because of the abuse of 
a small number of charities. Until a governmentwide policy is developed 
that addresses availability of federally sponsored benefits to entities 
that fail to pay their federal tax obligations, tax delinquent CFC 
charities may continue to benefit by participating in CFC and 
potentially receiving donations. Further, unless OPM centralizes 
charity information and validates whether applicants are legitimate 
501(c)(3) organizations, the campaign will also be vulnerable to 
entities that fraudulently purport to be charities. These weaknesses 
could have devastating consequences for the vast majority of eligible 
and tax-compliant charities that are dependent on donor contributions 
to support their critical missions. 

Recommendations for Executive Action: 

To help ensure continuing donor confidence and improve control over 
participation in CFC, we recommend that the Director of the Office of 
Personnel Management direct the Director of CFC Operations to take the 
following actions: 

* create and maintain a comprehensive database of all local, national, 
and international charities that participate in CFC; and: 

* verify with IRS the tax-exempt status of all charities applying to be 
included in CFC. 

Agency Comments and Our Evaluation: 

Both OPM and IRS provided written comments on a draft of this report, 
which are reprinted in appendix II and appendix III, respectively. OPM 
concurred with both of our recommendations and explained the actions it 
has already taken or plans to take to implement them. For example, OPM 
has initiated and expects to complete by the fall of 2007 the creation 
of a "National Charity Registry" that would provide OPM with the 
ability to independently verify data on participating charities. In 
addition, OPM has begun implementing a series of steps for verifying 
with IRS the tax-exempt status of all charities applying to CFC. OPM 
expects to finish this screening for the 2006 Campaign by September 30, 
2006. Although we did not make any specific recommendations directly to 
IRS, it provided and has agreed to continue providing OPM assistance in 
verifying the tax-exempt status of CFC charities. Also, IRS stated it 
is reviewing the 15 cases we referred to IRS for collection and 
criminal investigation and will take further action if warranted. 

As agreed with your offices, we will send copies to interest 
congressional committees, the Director of the Office of Personnel 
Management, and the Commissioner of the Internal Revenue Service. We 
will make copies available to others upon request. In addition, the 
report will be available at no charge on the GAO Web site at 
[Hyperlink, http://www.gao.gov]. 

Please contact me at (202) 512-7455 or kutzg@gao.gov if you or your 
staff have any questions concerning this report. Contact points for our 
Offices of Congressional Relations and Public Affairs may be found on 
the last page of this report.Major contributors are acknowledged in 
appendix IV. 

Signed by: 

Gregory D. Kutz: 
Managing Director: 
Forensic Audits and Special Investigations: 

[End of section] 

Appendix I Testimony on CFC Charities with Unpaid Federal Tax Debt:  

Testimony: 

Before the Subcommittee on Oversight, Committee on Ways and Means, 
House of Representatives: 

United States Government Accountability Office: 

GAO: 

For Release on Delivery Expected at 11:00 a.m. EDT: 

Thursday, May 25, 2006: 

Tax Debt: 

Some Combined Federal Campaign Charities Owe Payroll and Other Federal 
Taxes: 

Statement of Gregory D. Kutz, Managing Director Forensic Audits and 
Special Investigations: 

GAO-06-755T: 

GAO Highlights: 

Highlights of GAO-06-755T, a testimony before the Subcommittee on 
Oversight, Committee on Ways and Means, House of Representatives. 

Why GAO Did This Study: 

The Office of Personnel Management (OPM) administers the annual 
Combined Federal Campaign (CFC), which gave more than 22,000 charities 
access to the federal workplace, helping those in need by collecting 
more than $250 million in donations during the 2005 campaign. The 
success of the campaign is predicated on each donor’s confidence in a 
system that ensures donations reach charitable organizations that have 
met the CFC’s specific eligibility requirements and are legitimate 
charities. For example, to be eligible, each charity must have formally 
received from the Internal Revenue Service (IRS) tax-exemption 
designation under 501(c)(3) of the Internal Revenue Code. 

The Subcommittee on Oversight is reviewing tax-exempt status entities 
and asked GAO to determine whether charitable organizations 
participating in the CFC were remitting their payroll and other taxes 
to the IRS as required by law. Specifically, GAO was asked to 
investigate and determine whether and to what extent (1) charities 
listed in the 2005 CFC have unpaid payroll and other taxes; (2) 
selected charities, their directors or senior officers are abusing the 
federal tax system; and (3) OPM screens charities for federal tax 
problems before allowing them to be listed with the CFC. 

What GAO Found: 

More than 1,280 CFC charities, or about 6 percent of charities in the 
OPM- administered 2005 campaign, had tax debts totaling approximately 
$36 million as of September 30, 2005. The majority of delinquent 
charities owed less than $10,000. Approximately $28 million of this 
debt represented payroll taxes, penalties, and interest dating back as 
far as 1988. The remaining $8 million represented annual reporting 
penalties, excise taxes, exempt organization business income, 
unemployment taxes, and other types of taxes and penalties during this 
same period. Further, at least 170 of the charities with tax debt 
received about $1.6 billion in federal grants in 2005. 

GAO investigated 15 CFC charities, selected primarily for the amount 
and age of their outstanding tax debt. All 15 charities engaged in 
abusive and potentially criminal activity related to the federal tax 
system. Although exempt from certain taxes (e.g., federal income tax), 
these charities had not forwarded payroll taxes withheld from their 
employees along with other taxes to the IRS. Willful failure to remit 
payroll taxes is a felony under U.S. law. However, rather than fulfill 
their role as trustees of this money and forward it to the IRS, the 
directors and senior officers diverted the money for charity-related 
expenses, including their own salaries, some of which were in excess of 
$100,000. We referred all 15 of these charities to the IRS for 
consideration of additional collection or criminal investigation. 

Table: Examples of Abusive and Potentially Criminal Activity by CFC 
Charities: 

Type of charity: Museum: 
Tax debt: Over $100,000: 
Charity activity: Repeatedly underpaid payroll taxes. Federal and local 
liens were filed against the charity. The IRS assessed a penalty 
against personal assets of the director who admitted to underpaying 
payroll taxes to fund operations. 

Type of charity: Health service provider: Tax debt: Over $400,000: 
Charity activity: Repeatedly remitted payroll taxes late while accruing 
interest and penalties. Executives were paid through a contractor that 
received $3 million from the charity. Received more than $2 million in 
federal grants from the Department of Health and Human Services. 

Type of charity: Mental health clinic: Tax debt: Over $1.5 million: 
Charity activity: Repeatedly failed to remit or to remit timely payroll 
taxes for the last 15 years. Director diverted payroll tax to pay his 
and employee salaries. 

Source: GAO’s analysis of IRS, public and other records. 

[End of Table] 

OPM does not screen CFC charities for federal tax problems or 
independently validate with the IRS whether the charity is truly a tax-
exempt organization. Federal law prevents OPM from accessing taxpayer 
information required to screen for tax delinquency, although 
information on exempt status is available to the public. Consequently, 
OPM was unaware of the charities that owed federal tax debt and cannot 
provide assurance that the more than 22,000 participating charities are 
tax-exempt organizations. To demonstrate the vulnerability of this 
process, GAO created a fictitious charity and successfully applied to 
three large local campaigns. 

[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-06-755T]. 

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact Gregory D. Kutz at (202) 
512-7455 or kutzg@gao.gov. 

[End of Section] 

Mr. Chairman and Members of the Subcommittee: 

Thank you for the opportunity to assist the subcommittee as it reviews 
tax-exempt organizations. This testimony builds on our experience 
investigating entities that have abused the federal tax system[Footnote 
1] while benefiting from doing business with the federal 
government.[Footnote 2] Today, our testimony addresses whether 
organizations exempt from federal income taxes were delinquent in 
remitting payroll and other federal taxes to the Internal Revenue 
Service (IRS) while participating in the 2005 Combined Federal Campaign 
(CFC). 

The CFC, which is administered and promoted by the Office of Personnel 
Management (OPM) and about 300 local campaigns, gave more than 22,000 
charities access to the federal workplace, where they collected more 
than $250 million in donations during the 2005 campaign. The success of 
CFC has made a notable difference in the benefits provided to those in 
need. The CFC represents that it brings three unique qualities to those 
it serves--"the three C's of CFC"--by offering donors a "choice" to 
select from thousands of charities to support, allowing the 
"convenience" of making payroll deductions, and ensuring donors' 
"confidence" that charities listed with the campaign meet CFC's 
specific eligibility requirements. In the spirit of ensuring that 
donors can trust their contributions are going to organizations that 
have met CFC's specific eligibility requirements, and are legitimate 
charities, you asked us to investigate charities listed with the CFC. 

Specifically, you asked us to investigate and determine whether and to 
what extent (1) charities listed in the 2005 CFC have unpaid payroll 
and other federal taxes; (2) selected charities, their directors or 
senior officers are abusing the federal tax system; and (3) OPM screens 
charities for federal tax problems before allowing them to be listed 
with the CFC. 

As you know, to qualify as exempt from federal income taxes, an 
organization must meet the requirements set forth in the Internal 
Revenue Code[Footnote 3] and formally receive tax-exemption designation 
under 501(c)(3) to participate in the CFC. Regardless of tax-exempt 
status, all employers are required to withhold from their employees' 
wages payroll taxes for Social Security and Medicare and other taxes. 
Willful failure to remit payroll taxes is a felony under U.S. 
law.[Footnote 4] 

To determine whether and to what extent CFC 501(c)(3) charities had 
unpaid payroll and other federal taxes, we obtained and analyzed IRS 
unpaid tax debt data as of September 30, 2005. We matched organizations 
with unpaid tax debts to the CFC's list of charities that participated 
in the 2005 campaign.[Footnote 5] To further analyze abuse of the 
federal tax system by selected charities, their directors, or senior 
officers, we applied certain criteria--the amount of outstanding tax 
debt, the number and age of reporting periods for which taxes were due, 
and the type of outstanding tax--to select 15 organizations for 
detailed audit and investigation. For these 15 organizations, we 
reviewed tax records and performed additional searches of criminal, 
financial, and other public records. 

To determine whether OPM screens organizations for federal tax problems 
before allowing them to be listed with the CFC, we identified the legal 
criteria for doing so and gained an understanding of the screening 
process through meetings with OPM's Office of CFC Operations and others 
responsible for processing applications. To test OPM's process of 
screening for legitimate charities, we created a fictitious charity and 
applied to three large campaigns in various parts of the country. We 
also matched the CFC's list of charities that participated in the 2005 
campaign against the list of all tax-exempt organizations identified by 
the IRS to determine whether non-tax-exempt organizations participated 
in the 2005 campaign. For further details on our scope and methodology, 
see appendix I. 

We conducted our audit work from January 2006 through May 2006 in 
accordance with U.S. generally accepted government auditing standards. 
We performed our investigative work in accordance with standards 
prescribed by the President's Council on Integrity and Efficiency. 

Summary: 

More than 1,280 CFC charities had tax debts totaling at least $35.6 
million as of September 30, 2005. This represented nearly 6 percent of 
the charities that participated in the OPM-administered 2005 campaign. 
Of this debt, $27.7 million represented payroll taxes, penalties, and 
interest dating back as far as 1988. The remaining $7.9 million 
includes annual reporting penalties, excise taxes, exempt organization 
business income taxes, unemployment taxes, and other types of taxes and 
penalties. The majority of the 1,280 delinquent charities, 78.6 
percent, owed less than $10,000 in delinquent taxes. The $35.6 million 
in delinquent taxes is likely understated because we took a 
conservative approach to identifying the amount of tax debt owed to the 
IRS by CFC charities. The delinquent tax totals do not include amounts 
for charities that do not file required tax returns and related taxes 
or charities that underreport unrelated business income or payroll 
taxes. 

In addition to CFC donations, we found that more than 170 of these tax- 
delinquent charities received about $1.6 billion in federal grants 
during fiscal year 2005. Five of 15 case study charities we reviewed in 
detail were among the more than 170 charities that received federal 
grants. These 5 charities received grants from the Departments of 
Health and Human Services (excluding Medicaid) and Education that 
totaled more than $6.5 million. 

Our detailed audit and investigation of the 15 CFC charities with tax 
debt and their directors or senior officers identified abusive and 
potentially criminal activity. Although charities are exempt from 
certain taxes (e.g., federal income tax), the executives of the 15 
charities we investigated were required by law but failed in their 
roles as "trustees" to forward payroll taxes to the IRS, which include 
amounts withheld from their employees' wages for Social Security, 
Medicare, and the employer's matching portion of these taxes and 
individual income taxes. 

During interviews, three of the 15 selected charities' executives 
denied owing payroll and other taxes when IRS records showed otherwise. 
Executives from 5 other charities explained that they knowingly 
withheld payroll taxes in order to have enough funds available to pay 
for charity activities and the salaries of charity employees. As a 
result of remitting tax payments late, the charities accumulated tens 
of thousands of dollars in penalties and interest. Our investigations 
also showed that several of the executives who potentially could be 
assessed trust fund recovery penalties for the debts of their charities 
had salaries in excess of $100,000 and owned significant personal 
assets. In addition, according to independent audit reports, some of 
the charities appeared to have significant cash flow problems. Willful 
failure to remit payroll taxes is a felony under U.S. law.[Footnote 6] 
We referred all 15 cases detailed in our report to the IRS so that it 
can determine whether additional collection action or criminal 
investigation is warranted. 

Neither OPM nor the approximately 300 local campaigns dispersed 
throughout the United States screen charities for federal tax problems 
before allowing the charities to be listed with the CFC. OPM policies 
do not require such screening. Additionally, federal law generally 
prohibits the disclosure of taxpayer data and, consequently, even if 
OPM had specific policies to check for unpaid taxes, it has no access 
to a specific charity's tax data. The administration of CFC does not 
have the internal controls necessary to assure donors that charities 
listed with and backed by the CFC are meeting federal laws. 

We also found that OPM, its local campaigns, and federations do not 
validate with the IRS each CFC applicant's tax-exempt status. To be 
eligible for the CFC, a charity must submit as part of its application 
a copy of a standard IRS letter showing that it has received tax- 
exemption status from the IRS under 501(c)(3) of the Internal Revenue 
Code.[Footnote 7] To demonstrate the vulnerability of OPM's lack of 
validation of tax-exempt status, we applied as a fictitious charity to 
three local campaigns using fake documents and an erroneous IRS 
taxpayer identification number. In all three cases, our fictitious 
charity was accepted into the local CFC. Furthermore, our match of CFC 
charities from the 2005 campaign against IRS's database of tax-exempt 
organizations identified charities whose 501(c)(3) status could not be 
confirmed. Therefore, we referred these charities to OPM and IRS for 
further review and confirmation of their tax-exempt status. 

More Than 1,280 CFC Charities Had Tax Debts Totaling $35.6 Million: 

Based on our analysis, more than 1,280 CFC charities had federal tax 
debts totaling $35.6 million as of September 30, 2005. This represented 
nearly 6 percent of the charities that participated in the OPM- 
administered 2005 campaign. $27.7 million of this debt represented 
payroll taxes, penalties, and interest dating as far back as 1988. The 
remaining $7.9 million includes annual reporting penalties, excise 
taxes, exempt organization business income, unemployment taxes, and 
other types of taxes and penalties. In performing our analysis, we took 
a conservative approach to identifying the amount of tax debt owed by 
the CFC's charities, and therefore the number of delinquent charities 
and amount due to the IRS are likely understated. We also found that at 
least 170 charities with unpaid taxes also benefited by receiving about 
$1.6 billion in federal grants. 

Unpaid Payroll Taxes Comprised Almost 80 Percent of Charities' Federal 
Tax Debt: 

As indicated in figure 1, payroll taxes comprised $27.7 million, or 
almost 80 percent, of the $35.6 million in unpaid federal taxes owed by 
CFC charities. Unpaid payroll taxes included amounts that were withheld 
from employees' wages for federal income taxes, Social Security, and 
Medicare but not remitted to the IRS, as well as the matching employer 
contributions for Social Security and Medicare. Employers who fail to 
remit payroll taxes to the federal government may be subject to civil 
and criminal penalties. Figure 1 shows the types of federal taxes owed 
by CFC charities as of September 30, 2005. 

Figure 1: Types of Federal Tax Debt Owed by CFC Charities: 

[See PDF for image] 

Source: GAO analysis of IRS data as of September 30, 2005 and 2005 CFC 
data. 

[End of figure] 

The next largest component, annual reporting penalties, was $4.5 
million or almost 13 percent of the unpaid taxes. Generally, the IRS 
requires 501(c)(3) charities with more than $25,000 of income to file 
an annual return (i.e., Form 990). This annual return serves as the 
basis for review in determining whether an organization continues to 
meet requirements for exempt status. Failure to file an annual return 
at all or in a timely manner, as well as filing an incomplete return, 
results in various types of penalties. Excise taxes related to employee 
benefit plans, exempt organization business income taxes, unemployment, 
and other types of taxes and penalties comprised the remaining $3.4 
million. 

The majority of the approximately 1,280 delinquent charities, 78 
percent, owed less than $10,000 in delinquent taxes. Fifteen percent 
owed from $10,000 to $50,000, and 7 percent owed more than $50,000 in 
delinquent taxes. Also, 91 percent of 1,280 charities were delinquent 
for up to 4 tax periods, 7 percent of charities for 5 to 9 tax periods, 
and 2 percent for 10 or more tax periods.[Footnote 8] 

Amount of Unpaid Federal Taxes Is Understated for CFC Charities: 

The amount of unpaid federal taxes we identified among CFC charities-- 
$35.6 million--is understated. To avoid overestimating the amount owed 
by CFC charities, we intentionally limited our scope to tax debts that 
were affirmed by either the charity or a tax court for tax periods 
prior to 2005.[Footnote 9] We did not include the most current tax year 
because recently assessed tax debts that appear as unpaid taxes may 
involve matters that are routinely resolved between the taxpayer and 
the IRS, with the taxes paid, abated,[Footnote 10] or both within a 
short period. We eliminated these types of debt by focusing on unpaid 
federal taxes for tax periods prior to calendar year 2005 and 
eliminating tax debt of $100 or less. 

Also limiting our estimate of CFC charities' unpaid federal taxes is 
the fact that the IRS tax database reflects only the amount of unpaid 
taxes either reported by the charity on a tax return or assessed by the 
IRS through various enforcement programs. The IRS database upon which 
we relied exclusively does not reflect amounts owed by charities that 
have not filed tax returns or that have underreported the owed taxes in 
their return and for which the IRS has not assessed tax amounts due. 
According to the IRS, underreporting of payroll taxes accounts for 
about $60 to $70 billion of the estimated $345 billion annual gross tax 
gap. Consequently, the true extent of unpaid taxes for these charities 
is unknown. 

Some CFC Charities with Delinquent Tax Debt Also Received Substantial 
Federal Grants: 

In performing our analysis, we identified at least 170 of the CFC 
charities with delinquent tax debt that also received federal grants 
totaling about $1.6 billion from the Departments of Health and Human 
Services (excluding Medicaid), Education, and others in 2005. These 
charities are benefiting from the federal government through their tax- 
exempt status and receipt of substantial amounts of federal grants, 
while not meeting their responsibility to pay required federal taxes. 
Included in the $1.6 billion are grants to 5 of the 15 charities we 
selected, totaling more than $6.5 million. 

Certain CFC Charity Executives We Investigated Abused the Federal Tax 
System: 

Executives responsible for the tax debts of the 15 charities we 
investigated abused the federal tax system and may have violated the 
law by diverting payroll or other taxes due to the IRS. Willful failure 
to remit payroll taxes is a felony under U.S. law,[Footnote 11] and the 
IRS can assess a trust fund recovery penalty (TFRP) equal to the total 
amount of taxes not collected or not accounted for and paid against all 
individuals who are determined by the IRS to be "willful and 
responsible" for the nonpayment of withheld payroll taxes.[Footnote 12] 
In this regard, one executive from these 15 case study CFC charities 
was assessed a TFRP for what IRS determined to be his abusive behavior. 

Table 1 highlights 5 of the 15 case study CFC charities that we 
investigated with payroll tax issues. 

Table 1: CFC Charities with Unpaid Federal Taxes: 

Charity: 1; 
Nature of the charity: Museum; 
Tax debt[A]: Over $100,000; 
Comments: * Payroll tax debt covers more than 12 tax periods dating 
back to the mid 1990s; * The IRS assessed a TFRP against the charity's 
director; * Federal and local tax liens have been filed against the 
charity; * The charity filed for bankruptcy protection in the past but 
the court denied the petition; * The executive director admitted to 
underpaying payroll taxes to fund the charity's operations. 

Charity: 2; 
Nature of the charity: Hospital; 
Tax debt[A]: Nearly $1 million; 
Comments: * Payroll tax debt covers more than 5 periods dating back 
several years; * The charity paid two of its executives a salary of 
more than $200,000 each; * The charity received about $1.5 million in 
federal grants from the Department of Health and Human Services (non-
Medicaid) and the Department of Education. 

Charity: 3; 
Nature of the charity: Mental health clinic; 
Tax debt[A]: Over $1.5 million; 
Comments: * Payroll tax debt covers more than 12 tax periods dating 
back to the early 1990s; * The charity recently signed an installment 
agreement; * Federal, state, and local tax liens have been filed 
against the charity; * The executive director received a salary of more 
than $100,000; * The executive director admitted to underpaying payroll 
taxes to fund the charity's operations, which includes the director's 
salary. 

Charity: 4; 
Nature of the charity: Homeless shelter; 
Tax debt[A]: Over $300,000; 
Comments: * Charity failed to submit payroll tax payments for more than 
5 tax periods over several years; * The executive director received a 
salary of more than $100,000 per year. 

Charity: 5; 
Nature of the charity: General health clinic; 
Tax debt[A]: Over $700,000; 
Comments: * Payroll tax debt covers 7 tax periods dating back over 5 
years; * The charity submitted an offer in compromise, which is 
pending; * The chief executive officer received a salary of more than 
$100,000 per year. 

Source: GAO's analysis of IRS, OPM, public, and other records. 

[A] Tax debt amount includes principal, interest, and penalties as of 
September 30, 2005. 

[End of table] 

For the five charities in table 1, tax debt ranged from about $100,000 
to more than $1.5 million, and the unpaid taxes spanned a period 
ranging from 5 to more than 12 payroll tax periods. In addition to the 
federal tax debt, two of the five CFC charities had unpaid state and/or 
local taxes, where state and/or local taxing authorities filed multiple 
tax liens against them. 

During the time frames for which these charities were not paying their 
taxes, funds were available to cover other charity expenses, including 
officer salaries. Executives at two charities explained that they 
knowingly withheld payroll taxes in order to have enough funds 
available to pay their own salaries and the salaries of charity 
employees, in addition to charity expenses. One executive we 
investigated denied owing payroll or other taxes when IRS records 
showed otherwise. In at least one case, the charity's executives 
remitted payroll taxes later than the IRS required to pay their 
salaries, while the charity accumulated tens of thousands of dollars in 
penalties and interest for remitting late. 

We also identified directors and senior executives who potentially 
could be assessed TFRPs by the IRS for the debts of their charities. 
Some of these directors and executives had salaries in excess of 
$100,000 and owned significant personal assets. One of these executives 
has already been assessed a TFRP. 

See appendix III for the details on the other 10 CFC charities reviewed 
in detail. We referred all 15 cases discussed in our report to the IRS 
so that it can determine whether additional collection action or 
criminal investigation is warranted. 

OPM Does Not Screen Charities for Delinquent Tax Debt: 

OPM does not screen charities for federal tax debt prior to granting 
CFC eligibility, thereby making charities with unpaid federal taxes 
eligible to receive donations from federal civilian employees and 
military personnel. OPM policies do not specifically require CFC 
charities to be screened for these problems. Additionally, federal law 
generally prohibits the disclosure of taxpayer data and, consequently, 
even if OPM had specific policies to check for unpaid taxes, it has no 
access to a specific charity's tax data. OPM determines the 
completeness of a charity applicants' paperwork, but it does not 
perform third-party verification of documents as part of that process. 
For example, OPM does not verify with the IRS the tax-exempt status of 
CFC applicants and relies solely on each applicant's submission of IRS 
documentation that it is a bona fide charity. To demonstrate the 
vulnerability of OPM's lack of validation of tax-exempt status, we 
applied to three of CFC's largest local 2006 campaigns using a 
fictitious charity with entirely false documents and an erroneous IRS 
taxpayer identification number. We were accepted into all three 
campaigns. 

Tax Debts Are Not Considered When Granting Charities Eligibility to 
Participate in the CFC: 

OPM does not screen charities for tax debts prior to granting CFC 
eligibility and, ultimately, charities with unpaid federal taxes are 
eligible to receive donations from federal civilian employees and 
military personnel. Federal law implemented in the Code of Federal 
Regulations does not require OPM to screen charities for federal tax 
delinquency nor does it explicitly authorize CFC to reject charity 
applicants that have delinquent tax debt from participation in the CFC. 
Consequently, CFC's processes for determining eligibility are based on 
and limited to what is required of the CFC in Part 950 of Title 5, 
C.F.R. 

Restrictions on Tax Data Hamper Identification of Charities with 
Delinquent Taxes: 

Federal law does not permit the IRS to disclose taxpayer information, 
including tax debts.[Footnote 13] Thus, unless the taxpayer provides 
consent, certain tax debt information can only be discovered from 
public records when the IRS files a federal tax lien against the 
property of a tax debtor.[Footnote 14] However, public record 
information is limited because the IRS does not file tax liens on all 
tax debtors, and, while the IRS has a central repository of tax liens, 
OPM officials do not have access to that information. Further, the 
listing of a federal tax lien in the credit reports of an entity or its 
key officials may not be a reliable indicator of a charity's tax 
indebtedness because of deficiencies in the IRS's internal controls 
that have resulted in the IRS not always releasing tax liens from 
property when the tax debt has been satisfied[Footnote 15].: 

OPM Does Not Verify Charity Applicant's Exempt Organization Status: 

Part 950 of Title 5 of the Code of Federal Regulations requires that 
applicants to the CFC include in their application packages a copy of 
their most recent IRS determination letter[Footnote 16] showing the 
charity's 501(c)(3) status. OPM does not perform any independent 
verification of charity applicants' tax-exempt status. The IRS does 
have publicly available data wherein OPM could verify an applicant's 
tax exempt status, but this is not an OPM-required procedure in the CFC 
eligibility determination process. Other documents OPM requires 
applicants to include in the CFC application package are a copy of the 
charity's most recent form 990, their most recent annual audit report, 
and an application with various self-certifications. According to an 
official from one of the CFC's largest local campaigns, the single most 
frequent reason for rejecting an applicant from the CFC is the 
applicant's failure to submit its IRS determination letter. 

Control Weaknesses Allowed GAO to Enroll Fictitious Charities in the 
CFC: 

To determine whether and to what extent CFC's eligibility determination 
processes are vulnerable, we applied to three local campaigns with a 
fictitious charity using fake documents and an erroneous IRS taxpayer 
identification number. In all three campaigns, our application for 
participation in the 2006 CFC was accepted. Figure 2 shows one example 
of the three letters we received regarding our acceptance into the 2006 
CFC. Immediately after our applications were accepted, we notified CFC 
officials and withdrew our charity from the campaigns in order to 
prevent donations to our fictitious charity. 

In addition to our direct testing of OPM's screening process, our match 
of CFC charities from the 2005 campaign against IRS's database of tax- 
exempt organizations identified charities whose 501(c)(3) status could 
not be confirmed. Therefore, we referred these charities to OPM and IRS 
for further review and confirmation of their tax-exempt status. 

Figure 2: Copy of an Acceptance Letter from One of the Three Local CFC 
Campaigns for Our Fictitious Charity: 

[See PDF for image] 

Source: GAO. 

[End of figure] 

Concluding Observations: 

The success of the OPM's CFC is predicated on each donor's confidence 
in a system that ensures that their donations reach charitable 
organizations that have met the CFC's specific eligibility requirements 
and are legitimate charities. The bona fide charities participating in 
the annual campaign have the most to lose when such confidence is 
shaken because of the abuse of a minority of participating charities. 
Until OPM takes steps to independently validate whether applicants are 
legitimate 501(c)(3) organizations, the campaign is vulnerable to 
entities that fraudulently purport to be charities. Further, tax- 
abusing charities will continue to benefit by being eligible to 
participate and receive donations unless OPM is provided access to 
their tax debt information and determines whether sanctions such as 
expulsion from the CFC are warranted. OPM and each local CFC cannot 
provide the assurance needed to sustain such confidence. This could 
have devastating consequences for the vast majority of eligible and tax-
compliant charities that are dependent on donor contributions to 
support their critical missions. 

Mr. Chairman and Members of the Subcommittee, this concludes my 
statement. I would be pleased to answer any questions that you or other 
members of the committee may have at this time. 

Contacts and Acknowledgments: 

For further information about this testimony, please contact Gregory D. 
Kutz at (202) 512-7455 or kutzg@gao.gov. Contact points for our Offices 
of Congressional Relations and Public Affairs may be found on the last 
page of this testimony. 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

Our objectives were to investigate and determine whether and to what 
extent (1) charities listed in the 2005 Combined Federal Campaign (CFC) 
have unpaid payroll and other federal taxes; (2) selected charities, 
their directors, or senior officers are abusing the federal tax system; 
and (3) the Office of Personnel Management (OPM) screens charities for 
federal tax problems before allowing them to be listed with the CFC. 

To determine whether any of the charities listed in the 2005 CFC have 
unpaid payroll and other federal taxes, we first identified charities 
that participated in the 2005 campaign. To identify CFC charities we 
requested data from CFC headquarters. To obtain these data, CFC 
headquarters requested data from the 299 local campaigns throughout the 
United States. We received data from 291 of the 299[Footnote 17] local 
campaigns. 

To identify CFC charities with unpaid federal taxes, we obtained and 
analyzed the Internal Revenue Service's (IRS) September 30, 2005, 
Unpaid Assessments file. We matched the CFC charity data to the IRS 
unpaid assessment data using the taxpayer identification number (TIN) 
field. To avoid overstating the amount owed by charities with unpaid 
federal tax debts and to capture only significant tax debt, we excluded 
tax debts meeting specific criteria. The criteria we used to exclude 
tax debts are as follows: 

* tax debts the IRS classified as compliance assessments or memo 
accounts for financial reporting,[Footnote 18] 

* tax debts from calendar year 2005 tax periods, and: 

* charities with total unpaid taxes of $100 or less. 

The criteria above were used to exclude tax debts that might be under 
dispute or generally duplicative or invalid and tax debts that are 
recently incurred. Specifically, compliance assessments or memo 
accounts were excluded because these taxes have neither been agreed to 
by the taxpayers nor affirmed by the court, or these taxes could be 
invalid or duplicative of other taxes already reported. We excluded tax 
debts from calendar year 2005 tax periods to eliminate tax debt that 
may involve matters that are routinely resolved between the taxpayers 
and the IRS, with the taxes paid or abated within a short period. We 
also excluded tax debts of $100 or less because they are insignificant 
for the purpose of determining the extent of taxes owed by CFC 
charities. 

The 2005 pledged donation (pledges) information was unavailable at the 
time we selected our charity cases for investigations. We requested 
pledge information from the CFC and were in the process of receiving 
these data, piecemeal, from the CFC's 299 campaigns as of the end of 
our fieldwork. The pledge information we received through the end of 
fieldwork lacked the detail necessary to efficiently determine the 
amount of pledges for tax-delinquent charities. Consequently, we were 
unable to determine the amount of pledges received for tax-delinquent 
charities we identified. 

To determine whether selected charities, their directors, or senior 
officers are abusing the federal tax system, we selected 15 charities 
for a detailed audit and investigation. We selected the 15 charities 
using a nonrepresentative selection approach based on our judgment, 
data mining, and a number of other criteria, including the amount of 
unpaid taxes, number of unpaid tax periods, amount of payments reported 
by the IRS, and indications that key officials might be involved in 
multiple charities with tax debts. 

We obtained copies of automated tax transcripts and other tax records 
(for example, revenue officers' notes) from the IRS as of September 30, 
2005, and reviewed these records to exclude charities that had recently 
paid off their unpaid tax balances and considered other factors before 
reducing the selection of charities to 15 case studies. For the 
selected 15 cases, we reviewed the charity CFC application files and 
performed additional searches of criminal, financial, and public 
records. Our investigators also contacted several of the charities and 
conducted interviews. 

To determine whether and to what extent OPM screens charities for 
federal tax problems before allowing them to be listed with the CFC, we 
reviewed OPM's policies and procedures, performed process walkthroughs, 
and interviewed key CFC officials at CFC Headquarters and three local 
campaigns. We reviewed laws and regulations governing OPM's 
administration of the CFC. We identified processes and procedures 
performed by the CFC during the annual application period. To confirm 
our understanding of the requirements placed on charity applicants and 
to test whether OPM's processes would identify fraudulent charities, we 
attempted to gain acceptance into the 2006 CFC by posing as a charity. 
We prepared and submitted application packages for each of three local 
campaigns using fake documentation for a fictitious charity. To test 
the effectiveness of OPM's processes and procedures to identify charity 
applicants that are not valid tax-exempt organizations, a primary 
requirement for participation in the CFC, we matched the list of CFC 
charities that participated in the 2005 campaign with the IRS's 
database of tax-exempt organizations. 

We conducted our audit work from January 2006 through May 2006 in 
accordance with U.S. generally accepted government auditing standards, 
and we performed our investigative work in accordance with standards 
prescribed by the President's Council on Integrity and Efficiency. 

Data Reliability Assessment: 

For the IRS unpaid assessments data, we relied on the work we performed 
during our annual audits of the IRS's financial statements. While our 
financial statement audits have identified some data reliability 
problems associated with the coding of some of the fields in the IRS's 
tax records, including errors and delays in recording taxpayer 
information and payments, we determined that the data were sufficiently 
reliable to address this testimony's objectives. Our financial audit 
procedures, including the reconciliation of the value of unpaid taxes 
recorded in IRS's master file to IRS's general ledger, identified no 
material differences. 

To help ensure reliability of CFC-provided data, we performed 
electronic testing of specific data elements in the databases that we 
used to perform our work and performed other procedures to ensure the 
accuracy of the charity data provided by the CFC. 

Based on our discussions with agency officials, our review of agency 
documents, and our own testing, we concluded that the data elements 
used for this testimony were sufficiently reliable for our purposes. 

[End of section] 

Appendix II: Background: 

The Combined Federal Campaign (CFC) is the only authorized solicitation 
of employees in the federal workplace on behalf of charitable 
organizations. The CFC's mission is to promote and support philanthropy 
through a program that provides all federal employees the opportunity 
to improve the quality of life for others through donations to eligible 
nonprofit organizations. In 1971, the CFC began operation as a combined 
campaign with donations solicited once a year. Also during this period, 
charitable contributions in the form of payroll deduction were made 
possible. Contributions grew dramatically from $12.9 million in 1964 to 
$82.8 million in 1979. Growth in the number of participating charities 
was slow through the 1970s, increasing from 23 charities in 1969 to 
only 33 charities in 1979. Significant changes in CFC regulations 
occurred in the late 1970s and early 1980s[Footnote 19] which in April 
1984 opened the CFC to organizations that received tax-exempt status 
under 501(c)(3) of the Internal Revenue Code. The CFC has grown to a 
campaign consisting of approximately 1,700 (2005 campaign) national and 
international charitable organizations and more than 21,000 local 
charities. Contributions have also increased from about $95 million in 
1981 to more than $255 million in 2004. 

Each campaign is conducted during a 6-week period, varying by local 
campaign from September 1 through December 15, at every federal agency 
in the campaign community. During this period, current federal civilian 
and active duty military employees, throughout the country and 
internationally, donate tens of millions of dollars to these nonprofit 
organizations that provide health and human service benefits throughout 
the world. 

The Director of the Office of Personnel Management (OPM) exercises 
general supervision over all operations of the CFC and takes steps to 
ensure the campaign objectives are achieved. The CFC is decentralized; 
therefore, each of the approximately 300 campaigns manages its local 
campaign and then reports statistics in aggregate to OPM. The Local 
Federal Coordinating Committee (LFCC) is the leadership element of the 
local CFC and is comprised of members from the federal community-- 
federal civilian, military, and postal. The LFCC solicits annually a 
principle combined fund organization (PCFO), conducts local agency 
eligibility, approves campaign material, conducts compliance audits, is 
the liaison to federal agency heads, and is generally engaged in a host 
of the scheduled campaign activities. The PCFO manages all aspects of 
the campaign. The PCFO develops campaign materials; serves as fiscal 
agent; collects, processes, and distributes pledges; and trains loaned 
executives and campaign personnel. The PCFO and the LFCC are 
responsible for reporting to the OPM summary data about their campaign 
results. 

[End of section] 

Appendix III: CFC Charities with Unpaid Taxes: 

Table 1 in the main portion of this testimony provides data on 5 
detailed case studies. Table 2 shows the remaining case studies that we 
audited and investigated. As with the 5 cases discussed in the body of 
this testimony, for all 10 of these case studies we found abuse or 
potentially criminal activity related to the federal tax system. All 10 
charities in table 2 had unpaid payroll taxes. 

Table 2: CFC Charities with Unpaid Federal Taxes: 

Charity: 6; 
Nature of charity: Rehabilitation services; 
Tax debt[A]: Over $100,000; 
Comments: * The charity failed to pay its payroll taxes in full or on 
time, resulting in delinquent payroll taxes and subsequent interest and 
penalties; * A federal tax lien has been filed against the charity; * 
Although these taxes remain outstanding, one of the executives of this 
charity recently placed property into a family trust. 

Charity: 7; 
Nature of charity: Psychiatric center; 
Tax debt[A]: Over $1 million; 
Comments: * This entity owes more than $600,000 in penalties and 
interest; * A state tax lien of $200,000 has been filed against the 
charity; * The charity repeatedly underpaid payroll taxes in 1 year 
recently; * Executive director received a salary of more than $100,000; 
* A recent independent auditor's report states there is substantial 
doubt regarding the entity's ability to continue operating (i.e., a 
going concern); * An officer of the charity told us that rather than 
remitting the payroll taxes to the IRS, the officer used them to pay 
operating expenses, which included the officer's own salary. 

Charity: 8; 
Nature of charity: Healthcare provider of hospital and nursing home 
services; 
Tax debt[A]: Over $400,000; 
Comments: * Federal tax lien has been filed against the charity; * The 
charity filed for Chapter 11 bankruptcy protection; * The top 
executives of the charity and several part-time management personnel 
were employed through a contracting firm and were paid wages that 
totaled more than $3 million; * The charity received over $2 million in 
grants from the Department of Health and Human Services. 

Charity: 9; 
Nature of charity: Drug and alcohol rehabilitation center; 
Tax debt[A]: Over $70,000; 
Comments: * The charity has substantial equity in a multi-acre parcel 
of real estate located in a major metropolitan area; * The charity owns 
a boat that is primarily used by the executive director. 

Charity: 10; 
Nature of charity: Charity provides social welfare programs; 
Tax debt[A]: Nearly $300,000; 
Comments: * A recent independent auditor's report states there is 
substantial doubt regarding the entity's ability to continue operating 
(i.e., a going concern); * The charity received federal grants of more 
than $2.5 million from the Department of Health and Human Services. 

Charity: 11; 
Nature of charity: Social services for the blind; 
Tax debt[A]: Nearly $100,000; 
Comments: * The charity has more than 13 periods of payroll tax debt 
dating back several years; * The charity entered into an installment 
agreement that the IRS terminated after the charity did not make the 
required payments. 

Charity: 12; 
Nature of charity: Prevent and treat child abuse; 
Tax debt[A]: Over $120,000; 
Comments: * Charity owes over $120,000 in payroll taxes, penalties and 
interest from the late 1990s; * Charity requested an offer in 
compromise on the tax debt; * State and local tax liens have been filed 
against the charity's real estate; * After the charity was delinquent 
in paying its payroll taxes, it obtained more than $600,000 to 
construct a new building; * An officer of the charity told us that 
rather than remitting the payroll taxes to the IRS, the officer used 
them to pay the charity's workers, which included the officer's own 
salary; * The charity received federal grants of $40,000. 

Charity: 13; 
Nature of charity: Counseling service for adults, adolescents, and 
children; 
Tax debt[A]: Over $500,000; 
Comments: * The charity's tax debt covers more than six tax periods; * 
Charity paid consultant more than $100,000 for professional services. 

Charity: 14; 
Nature of charity: Adult and senior services; 
Tax debt[A]: Nearly $200,000; 
Comments: * Federal tax lien has been filed against the charity; * The 
charity received federal grants of $140,000. 

Charity: 15; 
Nature of charity: Family social services; 
Tax debt[A]: Over $500,000; 
Comments: * The charity's tax debt covers more than 20 tax periods of 
payroll taxes; * Federal tax lien has been filed against the charity; * 
An officer of the charity told us that rather than remitting the 
payroll taxes to the IRS, the officer used them to pay operating 
expenses, which included the officer's own salary. 

Source: GAO's analysis of IRS, OPM, public, and other records. 

[A] Tax debt amount includes principal, interest, and penalties as of 
September 30, 2005. 

[End of table] 

FOOTNOTES 

[1] We considered activity to be abusive when a 501(c)(3) 
organization's actions (e.g., diversion of payroll tax funds) or 
inactions (e.g., failure to remit the annual Form 990 return, which is 
the basis for review of whether an organization continues to meet 
requirements for exempt status) took advantage of the existing tax 
enforcement and administration system to avoid fulfilling federal tax 
obligations and were deficient or improper when compared with behavior 
that a prudent person would consider reasonable. 

[2] See GAO, Financial Management: Thousands of GSA Contractors Abuse 
the Federal Tax System, GAO-06-492T (Washington, D.C.: Mar. 14, 2006), 
Financial Management: Thousands of Civilian Agency Contractors Abuse 
the Federal Tax System with Little Consequence, GAO-05-637 (Washington, 
D.C.: June 16, 2005), and Financial Management: Some DOD Contractors 
Abuse the Federal Tax System with Little Consequence, GAO-04-95 
(Washington, D.C.: Feb. 12, 2004). 

[3] 26 U.S.C. § 501(c)(3). 

[4] 26 U.S.C. § 7202. 

[5] The campaign cycle for CFC consists of a 2-year reporting period, 
which marks the beginning of a campaign and the end of a campaign. Most 
campaigns will begin operation on or about March 15 of the first year 
of the campaign and end around March 14 2 years later, depending on the 
final disbursement for the campaign. For example, March 15, 2005, 
begins the fall 2005 campaign and March 14, 2007, marks the end of the 
fall 2005 campaign. Typically, the annual campaign runs for a 6-week 
period from September 1 through December 15. Actual dates may vary from 
one campaign to another. 

[6] 26 U.S.C. § 7202. Under section 7202, it must be shown that a 
defendant voluntarily and intentionally acted in violation of a known 
legal duty. Cheek v. United States, 498 U.S. 192 (1991). 

[7] Exempt from this requirement are organizations seeking local 
eligibility in Puerto Rico or the U.S. Virgin Islands. However, these 
organizations must include in their applications, the appropriate local 
forms demonstrating their status as charitable organizations. 5 C.F.R. 
Pt. 950.204(b)(2)(iii). 

[8] A tax period varies by tax type. For example, the tax period for 
payroll and excise taxes is generally one quarter of a year. The 
taxpayer is required to file quarterly returns with IRS for these types 
of taxes, although payment of the taxes occurs throughout the quarter. 
In contrast, for income, corporate, and unemployment taxes, a tax 
period is 1 year. 

[9] We eliminated from our analysis all tax debt coded by IRS as not 
having been agreed to by the taxpayer (for example, by filing a balance 
due return) or a tax court. For financial reporting, those cases are 
referred to as compliance assessments. 

[10] Abatements are reductions in the amount of taxes owed and can 
occur for a variety of reasons, such as to correct errors made by IRS 
or taxpayers or to provide relief from interest and penalties. 26 
U.S.C. § 6404. 

[11] 26 U.S.C. § 7202. 

[12] 26 U.S.C. § 6672. The amount of a TFRP does not include employers' 
matching amounts. 

[13] 26 U.S.C. § 6103. 

[14] Under section 6321 of the Internal Revenue Code, IRS has the 
authority to file a lien upon all property and rights to property, 
whether real or personal, of a delinquent taxpayer. 

[15] GAO, IRS Lien Management Report: Opportunities to Improve 
Timeliness of IRS Lien Releases, GAO-05-26R (Washington, D.C.: Jan. 10, 
2005). 

[16] A determination letter to an organization is the IRS's 
notification that it has reviewed the organization's application 
package and qualified it as exempt from federal income taxes. 

[17] Data from the remaining 8 local campaigns were either not received 
or not sufficient for analysis. 

[18] Under federal accounting standards, unpaid assessments require 
taxpayer or court agreement to be considered federal taxes receivables. 
Compliance assessments and memo accounts are not considered federal 
taxes receivable because they are not agreed to by the taxpayers or the 
courts. 

[19] Including a court order that prohibited OPM from excluding legal 
defense and advocacy groups from the CFC because of their "indirect" 
support of health and welfare or their lobbying/advocacy activities.

[End of section] 

Appendix II: Comments from the Office of Personnel Management: 

United States Office Of Personnel Management: 
Washington, DC 20415: 

JUL 14 2006: 

Mr. Gregory D. Kutz: 
Managing Director: 
Government Accountability Office: 
Forensic Audits and Special Investigations: 
441 G Street, N.W. 
Washington, DC 20548: 

Dear Mr. Kutz: 

Thank you for the opportunity to respond to the Government 
Accountability Office's (GAO) report "Tax Debt - Some Combined Federal 
Campaign Charities Owe Payroll and Other Federal Taxes (GAO-06-887)." 
We appreciate the audit and investigative work performed by GAO and 
welcome its findings. The Office of Personnel Management (OPM) is 
working to address the recommendations set forth in the report and has 
provided a summary of the actions taken to date as well as our plans 
for the future. In the last section of our response we discuss specific 
observations concerning limiting factors that may add to the complexity 
of meeting the GAO recommendations. 

I. Management and Structure of the CFC: 

OPM's mission is to ensure the Federal Government has an effective 
civilian workforce. As part of its mission, OPM is responsible for the 
overall management of the Combined Federal Campaign (CFC). However, OPM 
does not directly manage the Federal employee contribution process. The 
CFC structure relies on the dedication and commitment of the Federal 
employees who make up the Local Federal Coordinating Committees (LFCC) 
which administer local campaigns. LFCCs are responsible for reviewing 
and approving applications for participation by local charities in each 
of the 299 local CFCs. OPM's Office of CFC Operations (OCFCO) serves a 
similar role in reviewing and approving the applications of national 
and international charities, which participate in all of the local 
CFCs. Thus, Federal employees in the geographic areas of the 299 local 
CFC's have a wide choice of donating to charities that provide local 
services, to charities that provide national and international service, 
or to a combination of both. 

OPM provides oversight and guidance to each of the local campaigns to 
ensure that each campaign is conducted in accordance with OPM 
regulations, congressional mandates, and operating policy. This 
oversight is primarily conducted through the review of required 
accountability and status reports provided by each local campaign 
throughout the year. 

II. Screening Charities for Participation in the CFC: 

All CFC participating charities must apply each year for that year's 
campaign, with an application made either to OPM or the appropriate 
LFCC, depending on whether the applicant is applying as a national/ 
international or local charity. These applications set forth the 
information and background submissions required by OPM's regulatory 
eligibility criteria and public accountability standards. Each 
applicant charity must demonstrate that it meets those standards in 
order to participate in the CFC. These criteria were designed to ensure 
Federal donors that only legitimate, accountable, and responsible 
charities are admitted to the CFC. The criterion for both local and 
national/international applicants includes, but is not limited to, a 
demonstration by the applicant that it: 

* Has status as an Internal Revenue Service (IRS) determined tax-exempt 
charity under section 501(c)(3) of the Internal Revenue Code; 

* Accounts for funds in accordance with generally accepted accounting 
principles and has an audit of financial activities performed by an 
independent certified public accountant performed in accordance with 
generally accepted auditing standards; 

* Completed and provided to the IRS a Form 990, the annual tax return 
for non-profit organizations; 

* Provides real health and human services, benefits, assistance or 
program activities; and, 

* Has an active and responsible Board of Directors, in which a majority 
of such Board members serve without compensation and without conflict 
of interest. 

Determinations of eligibility are based in part on a series of self 
certifications by the applicant charity, affirming that the information 
provided in the application is correct and that the charity agrees to 
comply with the eligibility criteria. In some cases, the charity is 
required to provide specific documentation to support the 
certification. For example, OPM requires that all applicants submit 
either to OPM or the local LFCC, depending on application status, a 
copy of its IRS 501(c)(3) determination letter to substantiate that it 
is recognized by the IRS as a tax-exempt charity as described above. 
During the screening process, OPM and the LFCCs compare the IRS 
determination letter and the applicant's IRS Form 990, to detect 
inconsistencies and possible fraud. 

For example, OPM requires verification that the applicant's name and 
Employer Identification Number (EIN) on the applicant's IRS exemption 
letter match the name and EIN on the IRS Form 990, also provided with 
the application. If an advanced ruling period is provided by the IRS, 
its expiration date must fall within the upcoming CFC campaign period. 
If the advanced ruling period has expired, the applicant must either 
provide OPM with evidence that it has applied for or that it has 
otherwise received its permanent tax-exempt status ruling under 
501(c)(3) of the Internal Revenue Code. Since a charity does not lose 
its tax-exempt status even when the temporary ruling expires, OPM 
cannot solely rely on the expiration date of the ruling. 

In the event that the names on the various documents do not match, the 
applicant charity must provide a State-issued certification approving 
the use of a fictitious name. Also, use of DBAs is a fairly common 
practice by nonprofits in order to better associate the charity's name 
with a cause for marketing purposes. It is also our experience that, 
while the IRS requires that charities register their name changes; many 
fail to do so, thus complicating the verification process. 

As noted in GAO's report, the current eligibility criteria do not 
require the applicant charity to disclose the status of its payment of 
payroll or any other taxes. A requirement for this type of information 
was not included in the Executive Orders applicable to the CFC or in 
the existing congressional eligibility mandates. In addition, current 
law prevents OPM from making the existing eligibility criteria more 
restrictive than it was in 1984. To further complicate consideration of 
adding such a public accountability standard, the IRS is prevented, by 
law, from sharing such tax data with OPM. 

As such, OPM currently cannot screen charities for compliance with tax 
payments to the IRS and has never denied a charity the opportunity to 
participate in the CFC because of non-compliance in this area. 

III. Accountability within the CFC: 

In addition to the eligibility determination process for national/ 
international applicants, OPM conducts a number of monitoring 
activities over local campaigns to minimize the risk of non-compliance 
with CFC regulations and prevent abuse in the CFC. In particular, OPM's 
OCFCO receives copies of audit reports for each local campaign as 
required by CFC regulations. OPM also receives audit reports from OPM's 
Office of the Inspector General, which audits a number of local CFCs 
each year. The OCFCO reviews all audit findings and works with the 
local CFC's to resolve each finding. The OCFCO also selects a sample of 
local CFC brochures each year to review for compliance with CFC 
regulations and OPM guidance. In addition, the OCFCO requires each 
local campaign to report campaign results, including amounts raised, 
campaign costs, and Federal employee participation rates, after the 
solicitation period. This information helps OPM identify campaign 
performance and potential at-risk campaigns that might need assistance, 
consider requiring a merging with another, more efficient campaign, or 
require dissolution. OPM recognizes the importance of the PCFO, as the 
local campaign administrator, and works with each PCFO to correct any 
non-compliance with CFC regulations. However, if OPM determines a 
pattern of non-compliance by the campaign, OPM has the authority to 
impose sanctions and penalties on the local PCFO, including removal 
from the position of local administrator, suspension of local campaign 
operations, merger of the local campaign with an adjacent campaign, and 
removal of the PCFO as a CFC participating charity or federation. 
Finally, OPM regularly communicates with the local campaigns to ensure 
that each campaign is fully operational and has an active LFCC. 

IV. OPM Response to GAO Recommendations: 

Recommendation 1. Create and maintain a comprehensive database of all 
local, national, and international charities that participate in the 
CFC. 

OPM recognizes the benefit in having a single database or "National 
Charity Registry (NCR)" for the estimated 20,000 CFC local, national, 
and international charities. Such a database would provide OPM with the 
ability to independently verify data on participating charities. As the 
GAO report suggested, had such a system existed, the GAO process of 
data gathering and verification would have been greatly expedited. 

In 2005, OPM began the design of just such a database, which is now a 
central part of our efforts to modernize the CFC. The NCR will provide 
OPM with information to allow verification of the IRS tax-exempt status 
of all charities applying to be included in the CFC. Eventually it will 
lead to the development of an online workplace giving system designed 
to promote giving electronically among Federal donors, provide donors 
with central access to all CFC participating charities, and eliminate 
current geographic restrictions to giving. 

This project is proceeding in two phases. First, OPM must design a 
system to assign a new code to all participating charities and register 
all relevant information regarding CFC participation. The recoding is 
necessary because under the current decentralized local campaign 
system, charities in different campaigns may have identical codes. In 
addition, with the growth in the number of charities participating in 
the CFC, the existing four-digit code structure that serves the Federal 
donor as the primary identifier of charities is no longer adequate. 
This recoding process and compilation of data for the NCR is projected 
for completion in the fall of 2007. 

The next phase involves the development and deployment of a system that 
would achieve the goal of converting the CFC into a fully electronic 
online giving system. OPM is currently exploring various financing 
options for the development of a system that would be financed through 
a portion of donations; much like the CFC works today. In May 2006, OPM 
released a "Request for Information" to begin the process of assessing 
what type of vendors might be qualified to undertake this project and 
what level of resources it would involve. A decision on the feasibility 
of the various financing options will be made later this year. 

Whatever options are chosen, OPM intends to ensure that the system has 
the necessary functional capabilities to facilitate the IRS tax-exempt 
verification process. 

Recommendation 2. Verify with the IRS the tax-exempt status of all 
charities applying to be included in the CFC. 

As GAO noted, neither OPM nor the local campaigns and federations 
currently validate each CFC applicant's tax-exempt status with the IRS. 

Local campaigns do not possess the staff resources and database 
management capabilities to perform such verifications. To perform 
verifications of all participating charities in the upcoming 2006 CFC 
at the national and local level, OPM will assume responsibility for 
centralizing the verification process and is taking the following steps 
to achieve this: 

* OPM has requested that all local campaigns send OCFCO information 
about participating charities new to the CFC for 2006 to OPM for 
verification (see Attachment). 

* Local campaigns also have been instructed to periodically (at least 
quarterly) review the IRS listing of charities determined to no longer 
qualify as entities to which contributions are tax-deductible. 

* OPM's Center for Information Services is developing the programming 
to upload charity data to perform EIN verifications as the initial 
source of validation. 

* Information on all 2006 participating charities is being compiled 
into a single database at OPM. 

* Verifications are being made against IRS master files and exceptions 
are being classified according to findings (i.e. tax-exempt, but other 
than 501(c)(3); EINs with no IRS matching record; mismatch between EIN 
and charity name; IRS tax exemption terminated or merged; failure to 
establish IRS tax-exemption, etc). 

* A protocol has been developed to further research all exceptions with 
priority given to charities that "fail to establish" or whose tax- 
exemption was terminated or merged. 

* Once review and analysis is completed, OPM will corroborate findings 
with IRS for all charities that fail to establish their tax-exemption. 

* As appropriate, OPM will implement steps to suspend participation and 
refer charities to the OPM Office of the Inspector General or other 
entities as necessary. 

Given the timing of this report and the anticipated amount of time it 
will take to complete the verification process, OPM anticipates that 
these activities will be completed no later than September 30, 2006, in 
time for the fall 2006 CFC. 

V. The GAO-Created CFC Applicant and Local Charity Eligibility 
Screening Controls: 

GAO created a fictitious charity and applied to three local campaigns 
utilizing realistic documents and a fabricated IRS electronic 
identification number (EIN). The fictitious charity was admitted to all 
three campaigns. OPM recognizes that this is a matter of great concern 
and importance. 

OPM is developing additional guidance to be provided to each local 
campaign on possible fraud indicators to assist in the identification 
of a fictitious charity as well as procedures for more definitively 
determining the legitimacy of such charities. In conjunction with the 
upcoming implementation of the NCR and improved training, OPM is 
confident that we have implemented sufficient controls to dramatically 
improve our ability to protect against fraudulent applications as 
brought to light by the GAO activities. 

VI. Issues and Limitations of the IRS Database Verification Process: 

As described previously, OPM is developing and implementing procedures 
for comparing charities deemed eligible for participation in the CFC 
against an IRS master file of tax-exempt charities. OPM is coordinating 
this effort with the IRS, but has found this comparison to be a more 
difficult task than anticipated. We understand that GAO encountered 
similar difficulties in comparing IRS data with CFC applicants and 
could not validate approximately 1,300 CFC participants against IRS 
data. GAO referred these charities to the IRS for its determination of 
the tax-exempt status. The information available on the IRS web based 
master file has only limited information that OPM can use to try and 
determine tax-exempt status. The IRS has provided and agreed to 
continue to provide us with more detailed extracts, on a periodic 
basis, of publicly available information from IRS master files to 
better assist OPM with our comparisons. 

However, the actual process of performing this comparison of CFC 
participants against the IRS master file has required significant OPM 
resources. OCFCO staff obtained assistance from OPM's Center for 
Information Services to develop a program to upload CFC charity data 
and the IRS master file data into a database and develop a program to 
run the comparison and identify charities that may not be currently 
recognized by the IRS as tax-exempt. This comparison and identification 
of charities not on the IRS master file still does not allow OPM to 
make a definite conclusion on the charities' tax-exempt status. The IRS 
has notified us that there are circumstances where a charity may have 
been removed from its master file, but still maintains its tax-exempt 
status for a variety of reasons. In these cases, the IRS cannot provide 
us with any confirmation or additional information because of the 
limitations of current law regarding what is considered public 
information and what IRS can share with OPM. 

We will continue to perform our comparison of CFC charities against the 
IRS master file of tax-exempt charities to the best of OPM's ability 
under current law. We agree it will provide additional assurances to 
donors that only legitimate charities are participating in the CFC. 
Because of the difficulties in corroborating tax-exemption for all 
charities OPM will continue to rely on the IRS for assistance in this 
area. 

VII. Conclusion: 

OPM has taken steps to ensure that all 2006 CFC participating charities 
are validated against IRS master files and is implementing additional 
controls in the charity eligibility screening process based on the 
lessons learned from the GAO review. 

In addition, we will continue to modernize the CFC with the objective 
of bringing the greatest accountability possible at an affordable cost 
to donors and charities alike. The implementation of the NCR with the 
capacity to perform periodic verifications which is to be implemented 
in 2007 represents a significant step in this direction. 

Again, thank you for the opportunity to respond to GAO's report. 

Sincerely, 

Signed by: 

Mara T. Patermaster, Director: 
Office of CFC Operations: 

Attachment: 

CFC Memorandum 2006-16 June 20, 2006: 

To: Local Federal Coordinating Committees (LFCCs) And Principal 
Combined Fund Organizations (PCFOs): 

From: Mara T. Patermaster: 
Director: 
Office Of CFC Operations: 

Subject: Verification of New 2006 CFC Applicant Organizations Tax 
Exempt Status: 

In follow-up to the recently concluded Government Accountability Office 
(GAO) review of CFC participating charities, the Office of CFC 
Operations will be performing an independent verification of the tax- 
exempt status for all new applicants to the 2006 CFC against IRS 
publicly available data. Your timely cooperation is required to ensure 
that we can obtain a complete and properly formatted database in order 
to perform this verification as soon as possible. 

Local campaigns are required to submit an Excel list of new 2006 
applicants only to the Office of CFC Operations (OCFCO) no later than 
5:00 pm EST, June 30, 2006. By "new applicants" we refer to only those 
charities that applied to participate in the 2006 CFC and which either 
had not applied for or were denied, participation in the 2005 CFC. 
Please include only new 2006 applicants, regardless of whether or not 
they have been admitted for the 2006 Campaign. 

The list must be formatted as shown in the attached example and include 
the following information: 

* Employer Identification Number (EIN): 

* Legal Name (as it appears on the IRS Letter of Determination): 

* Doing Business As (DBA) Name or Brochure Listing Name-required only 
if different from the Legal Name: 

* Campaign Name: 

* Campaign Code (ID):  

* 2006 LFCC Decision (admitted/denied): 

Please create a record for each organization by following the "Local 
CFC Charity Upload File Layout Description" with special attention to 
the EIN. (Most errors in data entry for these records tend to be linked 
with the EIN.) An attached Excel spreadsheet is included with a sample 
entry. This spreadsheet may be used for your local charity information, 
saved, and returned to OPM with the required information. 

Please e-mail your Excel list to the OCFCO no later than 5:00 pm EST, 
June 30, 2006 to cfc@opm.gov Please include your four-digit campaign 
number and campaign name in the subject line. For example, "0001 East 
Alabama CFC 2006 Charities". 

Your full cooperation and timely response is appreciated. If you have 
any questions regarding this matter, please contact Pamela Rodgers at 
202/606-2564 or by e-mail at cfc@opm.gov. 

Enclosures: 

Charity Upload File Description: 
Excel Spreadsheet Example: 

Local CFC Charity Upload File Layout Description for Verification of 
New 2006 CFC Applicants' Tax Exempt Status: 

Each charity record contains the following fields in the order shown: 

Field name: EIN; 
Format: 9 digits in text format e.g. 234574366; 
Description: The 9-digit employer identification number (EIN) issued by 
IRS. All EINs must be nine digits without a hyphen in your excel list. 
Family Support and Youth Activities (FSYA), also known as Military 
Welfare and Recreation (MWR) organizations, may or may not have an EIN. 
They must still be included. Use nine zeros without a hyphen mark in 
the EIN field for these organizations. 

Field name: Legal name; 
Format: Less than 100 characters; 
Description: A text field for the organizations' legal name as found on 
the IRS Determination Letter. 

Field name: DBA name; 
Format: Less than 100 characters; 
Description: A text field for the organizations' name listing in CFC 
materials if different from the Legal name. 

Field name: 2006 LFCC Decision; 
Format: Less than 10 characters; 
Description: A text field documenting the LFCC's decision on the 
organization for the 2006 CFC. Enter either "Admitted' or "Denied". 

Field name: Campaign ID; 
Format: 4 digit number in text format; 
Description: The 4 digit campaign (code) ID. 

Field name: Campaign Name; 
Format: Less than 200 characters; 
Description: The name of the campaign. 

Text Fields: All of the fields in this request are text fields. Do not 
use punctuation in text fields. 

[End of table] 

Examples: 

EIN: 234560900 Campaign ID: 0700: 

Legal Name: The "Historical Society, Inc." should be submitted as 
Historical Society Inc: 

"P.A.T.T" should be submitted as P A T T: 

"International Children's Services" should be submitted as 
International Childrens Services: 

DBA: The "Historical Society of Hawaii, Inc." should be submitted as 
Historical Society Hawaii Inc:  

[End of section] 

Appendix III: Comments from the Internal Revenue Service: 

Department Of The Treasury: 
Internal Revenue Service: 
Washington, D.C. 20224: 
Commissioner: 
Tax Exempt And Government Entities Division: 

JUL 19 2006: 

Mr. Gregory Kutz: 
Managing Director: 
Forensic Audits and Special Investigations: 
U.S. Government Accountability Office: 
441 G Street, N.W. 
Washington, D.C. 20548: 

Dear Mr. Kutz: 

Charities participating in the Combined Federal Campaign (CFC) are 
required to be tax-exempt under Internal Revenue Code section 
501(c)(3). As part of GAO's investigation into whether charities 
participating in the CFC have unpaid taxes (GAO-06-887), GAO performed 
a computer match of CFC charities against the IRS' database of 
organizations recognized as tax-exempt. This database is known as the 
Exempt Organizations Business Master File (EOBMF) and is available to 
the public pursuant to Internal Revenue Code section 6104. While EOBMF 
contains information on all tax-exempt organizations, the match was 
limited to organizations described in section 501(c)(3). This match 
resulted in a list of approximately 1300 participating organizations 
that were potentially not tax-exempt under section 501(c)(3) and thus 
unqualified to participate in the CFC. You provided us` with this list, 
which includes names and employer identification numbers (EINs) ofthe 
1300 organizations, for the purpose of assisting the Office of 
Personnel Management (OPM) in verifying the section 501(c)(3) status of 
these organizations. The purpose of this letter is to inform you of the 
results of our inquiry into these matters, as well as provide 
information and comments on your draft report of investigation. 

The draft report indicates "from our referral of more than 1,300 CFC 
charities whose 501(c)(3) status we could not confirm using publicly 
available IRS data, the IRS identified a number of charities that are 
not valid 501(c)(3) entities. " This is correct. Ultimately, however, 
we believe that further research will confirm that the number of 
entities that are not qualified 501(c)(3) organizations will be quite 
small[Footnote 5]. We believe it would be helpful to explain our 
findings in this regard. 

We performed a match of the EINs you provided against our Returns 
Inventory and Classification System (RICS) database. This database 
provided us with information about each organization and its current 
status. Based on the results of the match and some amount of manual 
research, we believe that the vast majority of the mismatches occurred 
because of data input errors. For example, in numerous cases in which 
the charity was obviously legitimate, the EIN had two or more 
transposed digits. As we discussed with Aaron Hollings of your office, 
because the data was initially input by the local CFC campaigns, we 
have recommended to OPM that the data for these organizations be 
reviewed and verified prior to any subsequent match against the EOBMF. 

The match with our RICS database did indicate that some of the EINs 
belonged to organizations that had terminated or terminated following a 
merger, or were otherwise not recognized as exempt under section 
501(c)(3). We provided the names and EINs of these organizations to 
OPM, which is all that we are permitted to disclose under section 6104 
of the Internal Revenue Code, which governs the publicity of 
information relating to exempt organizations. In a number of cases, 
however, this did not necessarily mean that the organization named was 
not tax-exempt under section 501(c)(3). In some cases we found that a 
new organization, or the organization resulting from a merger, was in 
fact tax-exempt but had provided the terminated organization's EIN. 

We found that some of the organizations were in a status "unable to 
locate." This status does not necessarily mean that the organization is 
no longer tax-exempt--only that the organization has failed to respond 
to IRS correspondence. We are, however, considering our own follow up. 

In addition, we are providing assistance to OPM in implementing a 
program to verify the tax-exempt status of CFC charities. We met with 
OPM and explained what data elements were available from the EOBMF. We 
agreed to provide a quarterly EOBMF extract of section 501(c)(3) 
organizations so that OPM could electronically match up the list of CFC 
charities with the recognized 501(c)(3)s. We have also provided a 
cumulative list of names and EINs of organizations whose names have 
appeared in the bulletins because we no longer recognize them as tax- 
exempt. 

Your report notes that the fifteen charities discussed in your 
testimony have been referred to the IRS. Collection and Criminal 
Investigation are reviewing those cases and will take further action if 
warranted. 

If you have any questions, please contact Lois G. Lerner, Director of 
Exempt Organizations, Tax Exempt and Government Entities Division at 
(202) 283-2300. 

Sincerely, 

Signed by: 

Steven T. Miller: 

[End of section] 

Appendix IV GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Michael C Zola (202) 512-3867, zolam@gao.gov: 

Acknowledgments: 

Key contributors to this report include Beverly Burke, Ray Bush, Joonho 
Choi, William Cordrey, Paul Desaulniers, Steve Donahue, Dennis Fauber, 
Jessica Gray, Mary Ann Hardy, Ken Hill, Aaron Holling, Jason Kelly, 
John Kelly, Rick Kusman, Jenny Li, Renee McElveen, John Mingus, John 
Ryan, Matt Valenta, Ting-Ting Wu, and Michael Zola. 

(192213): 

FOOTNOTES 

[1] GAO, Tax Debt: Some Combined Federal Campaign Charities Owe Payroll 
and Other Federal Taxes, GAO-06-755T (Washington, D.C.: May 25, 2006). 

[2] 26 U.S.C. § 7202. Under section 7202, it must be shown that a 
defendant voluntarily and intentionally acted in violation of a known 
legal duty. Cheek v. United States, 498 US 192 (1991). 

[3] We characterized as "potentially criminal" any activity related to 
federal tax liability that may be a crime under a specific provision of 
the Internal Revenue Code. Depending on the potential penalty provided 
by statute, the activity could be a felony (punishable by imprisonment 
of more than 1 year) or a misdemeanor (punishable by imprisonment of 1 
year or less). Some potential crimes under the Internal Revenue Code 
constitute fraud because of the presence of intent to defraud, 
intentional misrepresentation or deception, or other required legal 
elements. 

[4] Exempt from this requirement are organizations seeking local 
eligibility in Puerto Rico or the U.S. Virgin Islands. However, these 
organizations must include in their applications the appropriate local 
forms demonstrating their status as charitable organizations. 5 CFR § 
950.204(b)(2)(iii). 

[5] Some of the names on the list appeared to be state and local 
government entities, or instrumentalities of state and local government 
entities, which are not tax-exempt under section 501(c)(3), but may 
receive tax deductible contributions. The disclosure provisions of the 
Internal Revenue Code do not permit the IRS to confirm or deny the tax-
exempt status of these entities. 

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