(b) DEFINITIONS AND SPECIAL RULES--
(1) PRIVATE FOUNDATION. For purposes of this section, the term "private foundation" includes both exempt and nonexempt private foundations and also includes trusts described in section 4947(a)(1) that are treated as private foundations for purposes of section 6033.
(2) MANNER OF MAKING ANNUAL RETURN AVAILABLE FOR PUBLIC INSPECTION. The foundation managers of a private foundation which has no principal office, or whose principal office is in a personal residence, may satisfy the requirement that the annual return be made available for public inspection at the foundation's principal office by having the return available for public inspection at an appropriate substitute location or by furnishing a copy free of charge (including postage and copying) to persons who request inspection in the manner and at the time prescribed therefor in section 6104(d) and the regulations thereunder. In addition to its principal office, a private foundation may designate an additional location at which its annual return shall be made available in the manner and at the time prescribed therefor in section 6104(d).
(3) NEWSPAPER HAVING GENERAL CIRCULATION. The term "newspaper having general circulation" in section 6104(d) shall include any newspaper or journal which is permitted to publish statements in satisfaction of State statutory requirements relating to transfers of title to real estate or other similar legal notices.
(4) PRINCIPAL MANAGER. A private foundation may furnish the name of its "principal manager" in the notice required by section 6104(d) by furnishing the name of the individual foundation manager who is responsible for publishing such notice or for making the annual return available for inspection under section 6104(d).
(c) CROSS-REFERENCE. For additional rules with respect to private foundations' annual returns and their public inspection, see section 6033 and the regulations thereunder. (Secs. 6104(a)(1)(A), 6104(a)(1)(B), and 7805 of the Internal Revenue Code of 1954 (72 Stat. 1660, 88 Stat. 940, 68A Stat. 917; 26 U.S.C. 6104(a)(1)(A), 6104(a)(1)(B), 7805))
[TD 7122, 36 FR 11032, June 8, 1971. Redesignated by TD 7845, 47 FR 50490, Nov. 8, 1982, and amended by TD 8026, 50 FR 20757, May 20, 1985]
(b) DEFINITIONS. For purposes of applying the provisions of section 6104(d), this section and Secs. 301.6104(d)-4 and 301.6104(d)-5, the following definitions apply:
(1) TAX-EXEMPT ORGANIZATION. The term TAX-EXEMPT ORGANIZATION means any organization that is described in section 501(c) or section 501(d) and is exempt from taxation under section 501(a).
(2) PRIVATE FOUNDATION. The term PRIVATE FOUNDATION means a private foundation as defined in section 509(a).
(3) APPLICATION FOR TAX EXEMPTION--
(i) In general. Except as described in paragraph (b)(3)(iii) of this section, the term APPLICATION FOR TAX EXEMPTION includes any prescribed application form (such as Form 1023 or Form 1024), all documents and statements the Internal Revenue Service requires an applicant to file with the form, any statement or other supporting document submitted by an organization in support of its application, and any letter or other document issued by the Internal Revenue Service concerning the application (such as a favorable determination letter or a list of questions from the Internal Revenue Service about the application). For example, a legal brief submitted in support of an application, or a response to questions from the Internal Revenue Service during the application process, is part of an application for tax exemption.
(ii) No prescribed application form. If no form is prescribed for an organization's application for tax exemption, the application for tax exemption includes-- (A) The application letter and copy of the articles of incorporation, declaration of trust, or other similar instrument that sets forth the permitted powers or activities of the organization; (B) The organization's bylaws or other code of regulations; (C) The organization's latest financial statements showing assets, liabilities, receipts and disbursements; (D) Statements describing the character of the organization, the purpose for which it was organized, and its actual activities; (E) Statements showing the sources of the organization's income and receipts and their disposition; and (F) Any other statements or documents the Internal Revenue Service required the organization to file with, or that the organization submitted in support of, the application letter.
(iii) Exceptions. The term APPLICATION FOR TAX EXEMPTION does not include-- (A) Any application for tax exemption filed by an organization that the Internal Revenue Service has not yet recognized, on the basis of the application, as exempt from taxation under section 501 for any taxable year; (B) Any application for tax exemption filed before July 15, 1987, unless the organization filing the application had a copy of the application on July 15, 1987; or (C) Any material, including the material listed in Sec. 301.6104(a)-1(i) and information that the Secretary would be required to withhold from public inspection, that is not available for public inspection under section 6104.
(iv) Local or subordinate organizations. For rules relating to applications for tax exemption of local or subordinate organizations, see paragraph (f)(1) of this section.
(4) ANNUAL INFORMATION RETURN--
(i) In general. Except as described in paragraph
(b)(4)(ii) of this section, the term ANNUAL INFORMATION RETURN includes
an exact copy of any return filed by a tax-exempt organization pursuant
to section 6033. It also includes any amended return the organization files
with the Internal Revenue Service after the date the original return is
filed. The copy must include all information furnished to the Internal
Revenue Service on Form 990, Return of Organization Exempt From Income
Tax, or any version of Form 990 (such as Forms 990-EZ or 990-BL except
Form 990-T) and Form 1065, as well as all schedules, attachments and supporting
documents, except for the name and address of any contributor to the organization.
For example, the annual information return includes Schedule A of Form
990 (containing supplementary information on section 501(c)(3) organizations),
and those parts of the return that show compensation paid to specific persons
(currently, Part V of Form 990 and Parts I and II of Schedule A of Form
990).
(ii) Exceptions. The term ANNUAL INFORMATION RETURN does not include Schedule A of Form 990-BL, Form 990-T, Exempt Organization Business Income Tax Return, Schedule K-1 of Form 1065 or Form 1120-POL, U.S. Income Tax Return For Certain Political Organizations, and the return of a private foundation. See Sec. 301.6104(d)-1 for requirements relating to public disclosure of private foundation annual returns.
(iii) Returns more than 3 years old. The term ANNUAL INFORMATION RETURN does not include any return after the expiration of 3 years from the date the return is required to be filed (including any extension of time that has been granted for filing such return) or is actually filed, whichever is later. If an organization files an amended return, however, the amended return must be made available for a period of 3 years beginning on the date it is filed with the Internal Revenue Service. (iv) Local or subordinate organizations. For rules relating to annual information returns of local or subordinate organizations, see paragraph (f)(2) of this section.
(5) REGIONAL OR DISTRICT OFFICES--
(i) In general. A regional or district office is
any office of a tax-exempt organization, other than its principal office,
that has paid employees, whether part-time or full-time, whose aggregate
number of paid hours a week are normally at least 120.
(ii) Site not considered a regional or district office. A site is not considered a regional or district office, however, if-- (A) The only services provided at the site further exempt purposes (such as day care, health care or scientific or medical research); and (B) The site does not serve as an office for management staff, other than managers who are involved solely in managing the exempt function activities at the site.
(c) SPECIAL RULES RELATING TO PUBLIC INSPECTION--
(1) PERMISSIBLE CONDITIONS ON PUBLIC INSPECTION. A tax-exempt organization may have an employee present in the room during an inspection. The organization, however, must allow the individual conducting the inspection to take notes freely during the inspection. If the individual provides photocopying equipment at the place of inspection, the organization must allow the individual to photocopy the document at no charge.
(2) ORGANIZATIONS THAT DO NOT MAINTAIN PERMANENT OFFICES. If a tax- exempt organization does not maintain a permanent office, the organization shall comply with the public inspection requirements of paragraph (a) of this section by making its application for tax exemption and its annual information returns, as applicable, available for inspection at a reasonable location of its choice. Such an organization shall permit public inspection within a reasonable amount of time after receiving a request for inspection (normally not more than 2 weeks) and at a reasonable time of day. At the organization's option, it may mail, within 2 weeks of receiving the request, a copy of its application for tax exemption and annual information returns to the requester in lieu of allowing an inspection. The organization may charge the requester for copying and actual postage costs only if the requester consents to the charge. An organization that has a permanent office, but has no office hours or very limited hours during certain times of the year, shall make its documents available during those periods when office hours are limited or not available as though it were an organization without a permanent office.
(d) SPECIAL RULES RELATING TO COPIES--
(1) TIME AND PLACE FOR PROVIDING COPIES IN RESPONSE TO REQUESTS MADE
IN-PERSON--
(i) In general. Except as provided in paragraph
(d)(1)(iii) of this section, a tax-exempt organization shall provide copies
of the documents it is required to provide under section 6104(d) in response
to a request made in person at its principal, regional and district offices
during regular business hours. Except as provided in paragraph (d)(1)(ii)
of this section, an organization shall provide such copies to a requester
on the day the request is made.
(ii) Unusual circumstances. In the case of an in-person request, where unusual circumstances exist such that fulfilling the request on the same business day places an unreasonable burden on the tax-exempt organization, the organization must provide the copies no later than the next business day following the day that the unusual circumstances cease to exist or the fifth business day after the date of the request, whichever occurs first. Unusual circumstances include, but are not limited to, receipt of a volume of requests that exceeds the organization's daily capacity to make copies; requests received shortly before the end of regular business hours that require an extensive amount of copying; or requests received on a day when the organization's managerial staff capable of fulfilling the request is conducting special duties, such as student registration or attending an off-site meeting or convention, rather than its regular administrative duties.
(iii) Agents for providing copies. A principal, regional or district office of a tax-exempt organization subject to the requirements of this section may retain a local agent to process requests made in person for copies of its documents. A local agent must be located within reasonable proximity of the applicable office. A local agent that receives a request made in person for copies must provide the copies within the time limits and under the conditions that apply to the organization itself. For example, a local agent generally must provide a copy to a requester on the day the agent receives the request. When a principal, regional or district office of a tax-exempt organization using a local agent receives a request made in person for a copy, it must immediately provide the name, address and telephone number of the local agent to the requester. An organization that provides this information is not required to respond further to the requester. However, the penalty provisions of sections 6652(c)(1)(C), 6652(c)(1)(D), and 6685 continue to apply to the tax-exempt organization if the organization's local agent fails to provide the documents as required under section 6104(d).
(2) REQUEST FOR COPIES IN WRITING--
(i) In general. A tax-exempt organization must honor
a written request for a copy of documents (or the requested part) that
the organization is required to provide under section 6104(d) if the request--
(A) Is addressed to, and delivered by mail, electronic mail, facsimile,
or a private delivery service as defined in section 7502(f) to a principal,
regional or district office of the organization; and (B) Sets forth the
address to which the copy of the documents should be sent.
(ii) Time and manner of fulfilling written requests--
(A) In general. A tax-exempt organization receiving a written request for a copy shall mail the copy of the requested documents (or the requested parts of documents) within 30 days from the date it receives the request. However, if a tax-exempt organization requires payment in advance, it is only required to provide the copies within 30 days from the date it receives payment. For rules relating to payment, see paragraph (d)(3) of this section. In the absence of evidence to the contrary, a request or payment that is mailed shall be deemed to be received by an organization 7 days after the date of the postmark. A request that is transmitted to the organization by electronic mail or facsimile shall be deemed received the day the request is transmitted successfully. If an organization requiring payment in advance receives a written request without payment or with an insufficient payment, the organization must, within 7 days from the date it receives the request, notify the requester of its prepayment policy and the amount due. A copy is deemed provided on the date of the postmark or private delivery mark (or if sent by certified or registered mail, the date of registration or the date of the postmark on the sender's receipt). If an individual making a request consents, a tax- exempt organization may provide a copy of the requested document exclusively by electronic mail. In such case, the material is provided on the date the organization successfully transmits the electronic mail.
(B) Request for a copy of parts of document. A tax-exempt organization must fulfill a request for a copy of the organization's entire application for tax exemption or annual information return or any specific part or schedule of its application or return. A request for a copy of less than the entire application or less than the entire return must specifically identify the requested part or schedule.
(C) Agents for providing copies. A tax-exempt organization subject to the requirements of this section may retain an agent to process written requests for copies of its documents. The agent shall provide the copies within the time limits and under the conditions that apply to the organization itself. For example, if the organization received the request first (e.g., before the agent), the deadline for providing a copy in response to a request shall be determined by reference to when the organization received the request, not when the agent received the request. An organization that transfers a request for a copy to such an agent is not required to respond further to the request. If the organization's agent fails to provide the documents as required under section 6104(d), however, the penalty provisions of sections 6652(c)(1)(C), 6652(c)(1)(D), and 6685 continue to apply to the tax- exempt organization.
(3) FEES FOR COPIES--
(i) In general. A tax-exempt organization may charge
a reasonable fee for providing copies. A fee is reasonable only if it is
no more than the per-page copying charge stated in Sec. 601.702(f)(5)(iv)(B)
of this chapter (fee charged by the Internal Revenue Service for providing
copies to a requester), plus no more than the actual postage costs incurred
by the organization to provide the copies. Before the organization provides
the documents, it may require that the individual requesting copies of
the documents pay the fee. If the organization has provided an individual
making a request with notice of the fee, and the individual does not pay
the fee within 30 days, or if the individual pays the fee by check and
the check does not clear upon deposit, the organization may disregard the
request.
(ii) Form of payment--
(A) Request made in person.
If a tax-exempt organization charges a fee for copying (as permitted under
paragraph (d)(3)(i) of this section), it shall accept payment by cash and
money order for requests made in person. The organization may accept other
forms of payment, such as credit cards and personal checks.
(B) Request made in writing. If a tax-exempt organization charges a fee for copying and postage (as permitted under paragraph (d)(3)(i) of this section), it shall accept payment by certified check, money order, and either personal check or credit card for requests made in writing. The organization may accept other forms of payment.
(iii) Avoidance of unexpected fees. Where a tax-exempt organization does not require prepayment and a requester does not enclose payment with a request, an organization must receive consent from a requester before providing copies for which the fee charged for copying and postage exceeds $20.
(iv) Responding to inquiries of fees charged. In order to facilitate a requester's ability to receive copies promptly, a tax- exempt organization shall respond to any questions from potential requesters concerning its fees for copying and postage. For example, the organization shall inform the requester of its charge for copying and mailing its application for exemption and each annual information return, with and without attachments, so that a requester may include payment with the request for copies.
(e) DOCUMENTS TO BE PROVIDED BY REGIONAL AND DISTRICT OFFICES. Except as otherwise provided, a regional or district office of a tax- exempt organization must satisfy the same rules as the principal office with respect to allowing public inspection and providing copies of its application for tax exemption and annual information returns. A regional or district office is not required, however, to make its annual information return available for inspection or to provide copies until 30 days after the date the return is required to be filed (including any extension of time that is granted for filing such return) or is actually filed, whichever is later.
(f) DOCUMENTS TO BE PROVIDED BY LOCAL AND SUBORDINATE ORGANIZATIONS--
(1) APPLICATIONS FOR TAX EXEMPTION. Except as otherwise provided, a tax-exempt organization that did not file its own application for tax exemption (because it is a local or subordinate organization covered by a group exemption letter referred to in Sec. 1.508-1 of this chapter) must, upon request, make available for public inspection, or provide copies of, the application submitted to the Internal Revenue Service by the central or parent organization to obtain the group exemption letter and those documents which were submitted by the central or parent organization to include the local or subordinate organization in the group exemption letter. However, if the central or parent organization submits to the Internal Revenue Service a list or directory of local or subordinate organizations covered by the group exemption letter, the local or subordinate organization is required to provide only the application for the group exemption ruling and the pages of the list or directory that specifically refer to it. The local or subordinate organization shall permit public inspection, or comply with a request for copies made in person, within a reasonable amount of time (normally not more than 2 weeks) after receiving a request made in person for public inspection or copies and at a reasonable time of day. In a case where the requester seeks inspection, the local or subordinate organization may mail a copy of the applicable documents to the requester within the same time period in lieu of allowing an inspection. In such a case, the organization may charge the requester for copying and actual postage costs only if the requester consents to the charge. If the local or subordinate organization receives a written request for a copy of its application for tax exemption, it must fulfill the request in the time and manner specified in paragraph (d)(2) of this section. The requester has the option of requesting from the central or parent organization, at its principal office, inspection or copies of the application for group exemption and the material submitted by the central or parent organization to include a local or subordinate organization in the group ruling. If the central or parent organization submits to the Internal Revenue Service a list or directory of local or subordinate organizations covered by the group exemption letter, it must make such list or directory available for public inspection, but it is required to provide copies only of those pages of the list or directory that refer to particular local or subordinate organizations specified by the requester. The central or parent organization must fulfill such requests in the time and manner specified in paragraphs (c) and (d) of this section.
(2) ANNUAL INFORMATION RETURNS. A local or subordinate organization that does not file its own annual information return (because it is affiliated with a central or parent organization that files a group return pursuant to Sec. 1.6033-2(d) of this chapter) must, upon request, make available for public inspection, or provide copies of, the group returns filed by the central or parent organization. However, if the group return includes separate schedules with respect to each local or subordinate organization included in the group return, the local or subordinate organization receiving the request may omit any schedules relating only to other organizations included in the group return. The local or subordinate organization shall permit public inspection, or comply with a request for copies made in person, within a reasonable amount of time (normally not more than 2 weeks) after receiving a request made in person for public inspection or copies and at a reasonable time of day. In a case where the requester seeks inspection, the local or subordinate organization may mail a copy of the applicable documents to the requester within the same time period in lieu of allowing an inspection. In such a case, the organization may charge the requester for copying and actual postage costs only if the requester consents to the charge. If the local or subordinate organization receives a written request for a copy of its annual information return, it must fulfill the request by providing a copy of the group return in the time and manner specified in paragraph (d)(2) of this section. The requester has the option of requesting from the central or parent organization, at its principal office, inspection or copies of group returns filed by the central or parent organization. The central or parent organization must fulfill such requests in the time and manner specified in paragraphs (c) and (d) of this section.
(3) FAILURE TO COMPLY. If an organization fails to comply with the requirements specified in this paragraph, the penalty provisions of sections 6652(c)(1)(C), 6652(c)(1)(D), and 6685 apply. (g) Failure to comply with public inspection or copying requirements. If a tax-exempt organization denies an individual's request for inspection or a copy of an application for tax exemption or an annual information return as required under this section, and the individual wants to alert the Internal Revenue Service to the possible need for enforcement action, the individual may provide a statement to the district director for the key district in which the applicable tax- exempt organization's principal office is located (or such other person as the Commissioner may designate) that describes the reason why the individual believes the denial was in violation of the requirements of section 6104(d). (h) Effective date. This section is effective June 8, 1999.
[TD 8818, 64 FR 17279, April 9, 1999]
(b) WIDELY AVAILABLE--
(1) IN GENERAL. A tax-exempt organization makes its application for tax exemption and/or an annual information return widely available if the organization complies with the requirements specified in paragraph (b)(2) of this section, and if the organization satisfies the requirements of paragraph (d) of this section.
(2) INTERNET POSTING--
(i) In general. A tax-exempt organization can make
its application for tax exemption and/or an annual information return widely
available by posting the document on a World Wide Web page that
the tax-exempt organization establishes and maintains or by having the
document posted, as part of a database of similar documents of other tax-exempt
organizations, on a World Wide Web page established and maintained by another
entity. The document will be considered widely available only if-
(A) the World Wide Web page through which it is available clearly informs
readers that the document is available and provides instructions for downloading
it;
(B) the document is posted in a format that, when accessed, downloaded,
viewed and printed in hard copy, exactly reproduces the image of the application
for tax exemption or annual information return as it was originally filed
with the Internal Revenue Service, except for any information permitted
by statute to be withheld from public disclosure. (See section 6104(d)(3)
and Sec. 301.6104(d)- 3(b)(3) and (4)); and
(C) any individual with access to the Internet can access, download, view
and print the document without special computer hardware or software required
for that format (other than software that is readily available to members
of the public without payment of any fee) and without payment of a fee
to the tax-exempt organization or to another entity maintaining the World
Wide Web page.
(ii) Transition rule. A tax-exempt organization that posted its application for tax exemption or its annual information returns on a World Wide Web page on or before April 9, 1999 in a manner consistent with regulation project REG-246250- 96 (1997 C.B. 627) (See Sec. 601.601(d)(2) of this chapter.) will be treated as satisfying the requirements of paragraphs (b)(2)(i)(B) & (C) of this section until June 8, 2000 provided that an individual can access, download, view and print the document without payment of a fee to the tax- exempt organization or to another entity maintaining the World Wide Web page.
(iii) Reliability and accuracy. In order for the document to be widely available through an Internet posting, the entity maintaining the World Wide Web page must have procedures for ensuring the reliability and accuracy of the document that it posts on the page and must take reasonable precautions to prevent alteration, destruction or accidental loss of the document when posted on its page. In the event that a posted document is altered, destroyed or lost, the entity must correct or replace the document.
(c) DISCRETION TO PRESCRIBE OTHER METHODS FOR MAKING DOCUMENTS WIDELY AVAILABLE. The Commissioner, from time to time, may prescribe additional methods, other than an Internet posting meeting the requirements of paragraph (b)(2) of this section, that a tax-exempt organization may use to make its documents widely available.
(d) NOTICE REQUIREMENT. If a tax-exempt organization has made its application for tax exemption and/or an annual information return widely available it must notify any individual requesting a copy where the documents are available (including the address on the World Wide Web, if applicable). If the request is made in person, the organization shall provide such notice to the individual immediately. If the request is made in writing, the notice shall be provided within 7 days of receiving the request.
(e) EFFECTIVE DATE. This section is effective June 8, 1999.
[TD 8818, 64 FR 17279, April 9, 1999]
(b) HARASSMENT. A group of requests for an organization's application for tax exemption or annual information returns is indicative of a harassment campaign if the requests are part of a single coordinated effort to disrupt the operations of a tax-exempt organization, rather than to collect information about the organization. Whether a group of requests constitutes such a harassment campaign depends on the relevant facts and circumstances. Facts and circumstances that indicate the organization is the subject of a harassment campaign include: a sudden increase in the number of requests; an extraordinary number of requests made through form letters or similarly worded correspondence; evidence of a purpose to deter significantly the organization's employees or volunteers from pursuing the organization's exempt purpose; requests that contain language hostile to the organization; direct evidence of bad faith by organizers of the purported harassment campaign; evidence that the organization has already provided the requested documents to a member of the purported harassing group; and a demonstration by the tax-exempt organization that it routinely provides copies of its documents upon request.
(c) SPECIAL RULE FOR MULTIPLE REQUESTS FROM A SINGLE INDIVIDUAL OR ADDRESS. A tax-exempt organization may disregard any request for copies of all or part of any document beyond the first two received within any 30- day-period or the first four received within any one-year-period from the same individual or the same address, regardless of whether the district director for the applicable key district (or such other person as the Commissioner may designate) has determined that the organization is subject to a harassment campaign.
(d) HARASSMENT DETERMINATION PROCEDURE. A tax-exempt organization may apply for a determination that it is the subject of a harassment campaign and that compliance with requests that are part of the campaign would not be in the public interest by submitting a signed application to the district director for the key district where the organization's principal office is located (or such other person as the Commissioner may designate). The application shall consist of a written statement giving the organization's name, address, employer identification number, and the name, address and telephone number of the person to contact regarding the application. The application must describe in detail the facts and circumstances that the organization believes support a determination that the organization is subject to a harassment campaign. The organization may suspend compliance with respect to any request for a copy of its documents based on its reasonable belief that such request is part of a harassment campaign, provided that the organization files an application for a determination within 10 business days from the day the organization first suspends compliance with respect to a request that is part of the alleged campaign. In addition, the organization may suspend compliance with any request it reasonably believes to be part of the harassment campaign until it receives a response to its application for a harassment campaign determination.
(e) EFFECT OF A HARASSMENT DETERMINATION. If the appropriate district director (or such other person as the Commissioner may designate) determines that a tax-exempt organization is the subject of a harassment campaign and it is not in the public interest to comply with requests that are part of the campaign, such organization is not required to comply with any request for copies that it reasonably believes is part of the campaign. This determination may be subject to other terms and conditions set forth by the district director (or such other person as the Commissioner may designate). A person (as defined in section 6652(c)(4)(C)) shall not be liable for any penalty under sections 6652(c)(1)(C), 6652(c)(1)(D) or 6685 for failing to timely provide a copy of documents in response to a request covered in a request for a harassment determination if the organization fulfills the request within 30 days of receiving a determination from the district director (or such other person as the Commissioner may designate) that the organization is not subject to a harassment campaign. Notwithstanding the preceding sentence, if the district director (or such other person as the Commissioner may designate) further determines that the organization did not have a reasonable basis for requesting a determination that it was subject to a harassment campaign or reasonable belief that a request was part of the campaign, the person (as defined in section 6652(c)(4)(C)) remains liable for any penalties that result from not providing the copies in a timely fashion.
(f) EXAMPLES. The provisions of this section are illustrated by the following examples:
EXAMPLE 1. V, a tax-exempt organization, receives an average of 25 requests per month for copies of its three most recent information returns. In the last week of May, V is mentioned in a national news magazine story that discusses information contained in V's 1996 information return. From June 1 through June 30, 1997 V receives 200 requests for a copy of its documents. Other than the sudden increase in the number of requests for copies, there is no other evidence to suggest that the requests are part of an organized campaign to disrupt V's operations. Although fulfilling the requests will place a burden on V, the facts and circumstances do not show that V is subject to a harassment campaign. Therefore, V must respond timely to each of the 200 requests it receives in June.
EXAMPLE 2. Y is a tax-exempt organization that receives an average of 10 requests a month for copies of its annual information returns. From March 1, 1997 to March 31, 1997, Y receives 25 requests for copies of its documents. Fifteen of the requests come from individuals Y knows to be active members of the board of organization X. In the past X has opposed most of the positions and policies that Y advocates. None of the requesters have asked for copies of documents from Y during the past year. Y has no other information about the requesters. Although the facts and circumstances show that some of the individuals making requests are hostile to Y, they do not show that the individuals have organized a campaign that will place enough of a burden on Y to disrupt its activities. Therefore, Y must respond to each of the 25 requests it receives in March.
EXAMPLE 3. The facts are the same as in Example 2, except that during March 1997, Y receives 100 requests. In addition to the fifteen requests from members of organization X's board, 75 of the requests are similarly worded form letters. Y discovers that several individuals associated with X have urged the X's members and supporters, via the Internet, to submit as many requests for a copy of Y's annual information returns as they can. The message circulated on the Internet provides a form letter that can be used to make the request. Both the appeal via the Internet and the requests for copies received by Y contain hostile language. During the same year but before the 100 requests were received, Y provided copies of its annual information returns to the headquarters of X. The facts and circumstances show that the 75 form letter requests are coordinated for the purpose of disrupting Y's operations, and not to collect information that has already been provided to an association representing the requesters' interests. Thus, the fact and circumstances show that Y is the subject of an organized harassment campaign. To confirm that it may disregard the 90 requests that constitute the harassment campaign, Y must apply to the applicable district director (or such other person as the Commissioner may designate) for a determination. Y may disregard the 90 requests while the application is pending and after the determination is received. However, it must respond within the applicable time limits to the 10 requests it received in March that were not part of the harassment campaign.
EXAMPLE 4. The facts are the same as in Example 3, except that Y receives 5 additional requests from 5 different representatives of the news media who in the past have published articles about Y. Some of these articles were hostile to Y. Normally, the Internal Revenue Service will not consider a tax-exempt organization to have a reasonable belief that a request from a member of the news media is part of a harassment campaign absent additional facts that demonstrate that the organization could reasonably believe the particular requests from the news media to be part of a harassment campaign. Thus, absent such additional facts, Y must respond within the applicable time limits to the 5 requests that it received from representatives of the news media.
(g) EFFECTIVE DATE. This section is effective June 8, 1999.
[TD 8818, 64 FR 17279, April 9, 1999]