Freedom Partners, formally known as the "Freedom Partners Chamber of Commerce" (and previously the "Association for American Innovation"), is a
501(c)(6) "business league" group that has been described as "the Koch brothers secret bank." According to
Politico, "It will be run by former top AFP strategist Alan Cobb and will wage a behind-the-scenes push in state capitols for reforms consistent with the brothers’ small-government, free-enterprise philosophy, including possibly curbing union power and abolishing income taxes."
The listed address for the Association for American Innovation was 2200 Wilson Blvd Ste 102-533 Arlington, VA 22201, which is a UPS Store mail-drop.
501(c)(6) "Business League" Status
Forming the organization as a
501(c)(6) group for purposes of the tax code sets it apart from many of the other notorious and controversial "dark money" groups that were active in the 2010 and 2012 elections. These groups, such as Karl Rove's Crossroads GPS or Americans for Prosperity, are organized as
501(c)(4) "social welfare" nonprofits.
IRS Section 501(c)(6) is reserved for business leagues, chambers of commerce, such as the U.S. Chamber of Commerce, or trade associations like the pharmaceutical lobby PhRMA or the American Bar Association. But, unlike those groups, there is little evidence the Association exists to advance the interests of any particular trade or industry.
Marc Owens, former director of the IRS tax exempt division, told
The Huffington Post, "It's possible that the Kochs think there's less audit exposure with a (c)(6)." But he added, "It's not clear to me what line of business is furthered by an innovation group. That could make it difficult to establish entitlement to (c)(6) status with the IRS."
Vague, Ambiguous IRS Rules and Controversy over IRS Targeting of Conservative 501(c)(4) Groups
Much of the law governing both 501(c)(6) and 501(c)(4) groups is the same: political intervention cannot be their primary purpose. But the IRS rules for what constitutes political intervention are relatively ambiguous and rarely enforced. And this provides an opening for the Kochs and their allies to continue influencing elections from the shadows.
Although the IRS rules are ambiguous for both (c)(4) and (c)(6) groups, states like California, Montana, and New Yorkhave attempted to enforce various state laws. However, another advantage to organizing the Association for American Innovation as a (c)(6): unlike (c)(4)s, they largely will not fall under the charitable trust jurisdiction of state attorneys general.
Scrutiny of (c)(4) groups is likely to heat up from several angles, making a (c)(6) group more attractive. Attorney Greg Colvin, an expert in nonprofit law, told the Center for Media and Democracy, "A (c)(6) is exactly where you'd expect captains of industry to go for political leverage out of the public view, especially if the notorious 501(c)(4) organizations are about to be more heavily scrutinized and regulated by the IRS."
This is especially true after the controversy surrounding the IRS targeting of tea party groups caused Senate Democrats to focus on the vague 501(c)(4) tax laws, which are seen to have contributed to this scandal. As
The Huffington Post reported, Senator Max Baucus (D-Mont.) said in his opening statement to a Senate Finance Committee hearing on IRS targeting of conservative groups, "Once the smoke of the current controversy clears, we need to examine the root of this issue and reform the nation’s vague 501(c)(4) tax laws." He elaborated, "[n]either the tax code nor the complex regulations that govern nonprofits provide clear standards for how much political activity a 501(c)(4) group can undertake. The code does not even provide a clear definition of what qualifies as political activity."
Additionally, the government watchdog group Citizens for Responsibility and Ethics in Washington (CREW) filed a federal lawsuit in May 2013 asking for a judicial order that the IRS initiate a process to bring its rules on 501(c)(4) nonprofits in line with federal law, and this adds to the potential for even more scrutiny of (c)(4) groups.
Finances
Contributors and Membership
Freedom Partners boasts over 200 members, with each member paying at least $100,000 in annual dues, according to
POLITICO.[SUP]
[1][/SUP] Despite Freedom Partners' connection to other Koch family entities, Freedom Partners' President Marc Short claims, "Koch-linked entities provided a 'minority' of the funds" for Freedom Partners in the 2012 fiscal year. Short also noted that "the largest single donor gave about $25 million."
Distribution of Grants and Other Financial Assistance
Freedom Partners' tax returns from the 2011 fiscal year reveal that the organization provided financial support for 30 groups (both private and government affiliated) between November 2011 and November 2012.(Freedom Partners 990 Tax Form, 2011)Freedom Partners, unknown to the public at the time, was the largest financial contributor to conservative groups in the 2012 election.
As reported by
Politico, recipients of the largest grants included:
- "Center to Protect Patient Rights, a group that vehemently opposes Obamacare: a total of $115 million, from three grants."
- "Americans for Prosperity, an organizing and advocacy group that is courted by Republican presidential candidates: $32.3 million."
- "The 60 Plus Association, a free-market seniors group that also opposes Obamacare: $15.7 million."
- "American Future Fund, an Iowa group that spent a lot of money on ads in 2012, many for Mitt Romney: $13.6 million."
- "Concerned Women for America Legislative Action Committee, which gets involved in a number of social policy debates: $8.2 million."
- "Themis Trust, a Koch-based voter database that is made available to other conservative organizations: $5.8 million."
- "Public Notice, a fiscal policy think tank: $5.5 million."
- "Generation Opportunity, a group for 'liberty-loving' young people: $5 million."
- "The Libre Initiative, which targets a free-market message to Hispanic immigrants: $3.1 million."
- "The National Rifle Association: $3.5 million."
- "The U.S. Chamber of Commerce: $2 million."
- "American Energy Alliance: $1.5 million."
Freedom Partners also provided assistance to:
- State Tea Party Express, an extension of the Tea Party Express that is focused on State issues: $600,000.
- Tea Party Patriots, an organization advocating "fiscal responsibility, constitutionally limited government, and free market economic policies": $200,000
- Heritage Action for America, a "sister organization" of the Heritage Foundation which "advance
conservative policy." :$500,000
[*]American Commitment,an organization aimed at, "restoring and protecting the American Commitment to free markets, economic growth, Constitutionally-limited government, property rights, and individual freedom.": $6.26 million
[*]National Federation of Independent Business, a lobbying group that calls itself "the voice of small business.": $1.5 million
[*]National Federation of Independent Business, The Voice of Free Enterprise Inc.: $575,000.
[*]National Federation of Independent Business Research Foundation: $300,000.
[*]National Federation of Independent Business, Small Business Legal Center: $125,000.
[*]Partnership for Ohio's Future, an electioneering organization affiliated with the Ohio Chamber of Commerce: $500,000.
[*]West Michigan Policy Forum, a group attempting to, "create jobs and opportunities in Michigan by removing barriers to competitiveness," in particular, by making Michigan and "right to work" state: $1 million
[*]American Values Action: $230,000.
[*]Common Sense Issues Inc., an Ohio group concerned with, “life issues, liberty, economics, natural family, national security, personal security and confronting radical Islam”: $50,000
[*]National Association of Manufacturers, The largest manufacturing organization in the United States: $1.17 million.
[*]Orra, LLC (EvanGC4 Trust),"formally a 'related organization' of Themis": $5.055 million
[*]Republican Jewish Coalition, a group focused on bringing the concerns of the Jewish community to Republic leaders: $700,000.
[*]Rion, LLC (Center for Shared Services Trust), the Center for Shared Services "provide talent and opportunity for free market non-profit organizations." : $2.738 million.
[*]Slah, LLC (Public Engagement Group Trust): $1.5 million.
[*]National Right to Work Committee, an organization which advocates that no employee "should ever be forced to affiliate with a union in order to get or keep a job.": $1 million.
Freedom Partners' federal tax returns for 2011 also reveal several entities wholly owned by Freedom Partners. As noted by Lisa Graves of the Center for Media and Democracy, these entities are:
- The "American Entrepreneur Fund LLC," which had assets of $885,316 and whose activities are listed as simply as "projects,"
- The "American Enterprise Group LLC," which had assets of $424,975 and whose activities are listed as "management,"
- The "American Strategies Group LLC," which had assets of $97,714 and whose activities are listed as "public outreach,"
- The "MIC LLC," with assets of $25,000 and the job of "research," and
- "American Strategic Innovations LLC," with assets of $4,976, the purpose of which was also listed as "research"
Of the groups that received funding, several are, "limited liability corporations that are wholly owned by better-known nonprofits -- what the IRS refers to as "disregarded entities."For example, according to OpenSecretsBlog, Corner Table LLC, Eleventh Edition LLC, and American Commitment LLC -- are all "disregarded entities" wholly owned by the Center to Protect Patient Rights.
The Association for American Innovation was chartered as a Delaware corporation on November 2, 2011, according to Bizpedia.
Also, as of May 22, 2013, a Google internet search for "Association for American Innovation" found no official webpage for the organization.
