“The Pension Protection Act of 2006: A Misguided Attack on Donor-Advised Funds and Supporting Organizations,” an article by Terry Knoepfle, associate professor of business law, appeared in the Florida Tax Review.
According to Knoepfle, the Pension Protection Act of 2006 made many changes to the code impacting tax-exempt donor-advised funds and supporting organizations. "The article discusses the act’s amendments, which have negatively impacted sponsoring organizations and their donor-advised funds, as well as supporting organizations," he said. "It also explains the events that led to the misguided enactment of the amendments, particularly in regard to intermediate sanctions and the incidental benefit provisions, and it analyzes the impact that these amendments have had and will have on exempt organizations, including donors, officers, employees and advisers to donor-advised funds and supporting organizations."
Knoepfle also explains why Congress’ and the Internal Revenue Service’s attack on donor-advised funds and supporting organizations is both bad tax and public policy.