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USC Title 26 enacted through 2008

§ 4946. Definitions and special rules

 
(a)
Disqualified person
 
(1)
In general
 
For purposes of this subchapter, the term "disqualified person" means, with respect to a private foundation, a person who is -
 
(A)
a substantial contributor to the foundation,
 
(B)
a foundation manager (within the meaning of subsection (b)(1)),
 
(C)
an owner of more than 20 percent of -
 
(i)
the total combined voting power of a corporation,
 
(ii)
the profits interest of a partnership, or
 
(iii)
the beneficial interest of a trust or unincorporated enterprise,
 
which is a substantial contributor to the foundation,
 
(D)
a member of the family (as defined in subsection (d)) of any individual described in subparagraph (A), (B), or (C),
 
(E)
a corporation of which persons described in subparagraph (A), (B), (C), or (D) own more than 35 percent of the total combined voting power,
 
(F)
a partnership in which persons described in subparagraph (A), (B), (C), or (D) own more than 35 percent of the profits interest,
 
(G)
a trust or estate in which persons described in subparagraph (A), (B), (C), or (D) hold more than 35 percent of the beneficial interest,
 
(H)
only for purposes of section 4943, a private foundation -
 
(i)
which is effectively controlled (directly or indirectly) by the same person or persons who control the private foundation in question, or
 
(ii)
substantially all of the contributions to which were made (directly or indirectly) by the same person or persons described in subparagraph (A), (B), or (C), or members of their families (within the meaning of subsection (d)), who made (directly or indirectly) substantially all of the contributions to the private foundation in question, and
 
(I)
only for purposes of section 4941, a government official (as defined in subsection (c)).
 
(2)
Substantial contributors
 
For purposes of paragraph (1), the term "substantial contributor" means a person who is described in section 507(d)(2).
 
(3)
Stockholdings
 
For purposes of paragraphs (1)(C)(i) and (1)(E), there shall be taken into account indirect stockholdings which would be taken into account under section 267(c), except that, for purposes of this paragraph, section 267(c)(4) shall be treated as providing that the members of the family of an individual are the members within the meaning of subsection (d).
 
(4)
Partnerships; trusts
 
For purposes of paragraphs (1)(C)(ii) and (iii), (1)(F), and (1)(G), the ownership of profits or beneficial interests shall be determined in accordance with the rules for constructive ownership of stock provided in section 267(c) (other than paragraph (3) thereof), except that section 267(c)(4) shall be treated as providing that the members of the family of an individual are the members within the meaning of subsection (d).
 
(b)
Foundation manager
 
For purposes of this subchapter, the term "foundation manager" means, with respect to any private foundation -
 
(1)
an officer, director, or trustee of a foundation (or an individual having powers or responsibilities similar to those of officers, directors, or trustees of the foundation), and
 
(2)
with respect to any act (or failure to act), the employees of the foundation having authority or responsibility with respect to such act (or failure to act).
 
(c)
Government official
 
For purposes of subsection (a)(1)(I) and section 4941, the term "government official" means, with respect to an act of self-dealing described in section 4941, an individual who, at the time of such act, holds any of the following offices or positions (other than as a "special Government employee", as defined in section 202(a) of title 18, United States Code):
 
(1)
an elective public office in the executive or legislative branch of the Government of the United States,
 
(2)
an office in the executive or judicial branch of the Government of the United States, appointment to which was made by the President,
 
(3)
a position in the executive, legislative, or judicial branch of the Government of the United States -
 
(A)
which is listed in schedule C of rule VI of the Civil Service Rules, or
 
(B)
the compensation for which is equal to or greater than the lowest rate of basic pay for the Senior Executive Service under section 5382 of title 5, United States Code,
 
(4)
a position under the House of Representatives or the Senate of the United States held by an individual receiving gross compensation at an annual rate of $15,000 or more,
 
(5)
an elective or appointive public office in the executive, legislative, or judicial branch of the government of a State, possession of the United States, or political subdivision or other area of any of the foregoing, or of the District of Columbia, held by an individual receiving gross compensation at an annual rate of $20,000 or more,
 
(6)
a position as personal or executive assistant or secretary to any of the foregoing, or
 
(7)
a member of the Internal Revenue Service Oversight Board.
 
(d)
Members of family
 
For purposes of subsection (a)(1), the family of any individual shall include only his spouse, ancestors, children, grandchildren, great grandchildren, and the spouses of children, grandchildren, and great grandchildren.








Tax Code (Internal Revenue Code) Section Index


U.S. GAAP by Codification Topic
 
105 GAAP Hierarchy
105 GAAP History

205 Presentation of Financial Statements
205-20 Discontinued Operations
210 Balance Sheet
210-20 Offsetting
220 Comprehensive Income
225 Income Statement
225-20 Extraordinary and Unusual Items
230 Statement of Cash Flows
250 Accounting Changes and Error Corrections
260 Earnings per Share
270 Interim Reporting

310 Impairment of a Loan
320 Investment Securities
320 Other-Than-Temporary Impairments, FSP FAS 115-2
320-10-05 Overview of Investments in Other Entities
320-10-35 Reclassification of Investments in Securities
323-10 Equity Method Investments
323-30 Investments in Partnerships and Joint Ventures
325-20 Cost Method Investments
330 Inventory

340-20 Capitalized Advertising Costs
350-20 Goodwill
350-30 Intangibles Other than Goodwill
350-40 Internal-Use Software
350-50 Website Development Costs
360 Property, Plant and Equipment
360-20 Real Estate Sales

410 Asset Retirement and Environmental Obligations
420 Exit or Disposal Cost Obligations
450 Contingencies
450-20 Loss Contingencies
450-30 Gain Contingencies
480 Redeemable Financial Instruments

505-20 Stock Dividends, Stock Splits
505-30 Treasury Stock

605 SEC Staff Accounting Bulletin, Topic 13
605-25 Revenue Recognition - Multiple Element Arrangements

715-30 Defined Benefit Plans - Pension
718 Share-Based Payment
730 Research and Development
730-20 Research and Development Arrangements

805 Business Combinations
810 Consolidation
810 Noncontrolling Interests
810 Consolidation of Variable Interest Entities, SFAS 167

815 Derivatives and Hedging Overview

820 Fair Value Measurements
820 Fair value when the markets are not active, FSP FAS 157-4
825 Fair Value Option

830 Foreign Currency Matters
830-20 Foreign Currency Transactions
830-30 Translation of Financial Statements
835 Interest
835-20 Capitalization of Interest
835-30 Imputation of Interest

840 Leases
840-20 Operating Leases
840-30 Capital Leases
840-40 Sale-Leaseback Transactions
845 Nonmonetary Transactions

855 Subsequent Events
860-20 Sale of Financial Assets, SFAS 166
860-50 Servicing Assets and Liabilities, SFAS 156

985-20 Costs of software to be sold


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