2014 Report of Recommendations - Internal Revenue Service

Tax Exempt & Government Entities

TE/GE

Advisory Committee on Tax Exempt and Government Entities (ACT)

2014 Report of Recommendations

Public Meeting Washington, DC June 11, 2014

Publication 4344 (Rev. 6-2014) Catalog Number 38578D Department of the Treasury Internal Revenue Service

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REPORT TABLE OF CONTENTS

2013-2014 Member Biographies .................................................................................5 General Report of the ACT ........................................................................................17 Employee Plans:.........................................................................................................21 Analysis and Recommendations Regarding the Pre-Approved and Determination Letter Programs Exempt Organizations: ..............................................................................................75 Analysis and Recommendations Regarding Unrelated Business Income Tax Compliance of Colleges and Universities Federal, State and Local Governments:............................................................... 205 The Affordable Care Act and Government Employees Indian Tribal Governments: ................................................................................... 261 IRS Tribal Consultation: A Compliance Audit and Recommendations for Improvement Tax Exempt Bonds: ................................................................................................. 315 Today's Reality: The Increased Reliance on the "Facts and Circumstances" Test in Analyzing Management Contracts for Private Business Use

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ADVISORY COMMITTEE ON TAX EXEMPT AND GOVERNMENT ENTITIES

(ACT)

2013-2014 Member Biographies

EMPLOYEE PLANS

Alison Cohen, Atlanta, GA Cohen is a benefits lawyer working for Transamerica Retirement Solutions, specializing in the Employee Plans Compliance Resolution System (EPCRS) corrections. She has 18 years of experience working with retirement plans. From plan operations to presentation and sales, to resolution of complex legal issues, Cohen has broad experience and knowledge of the real world of retirement plan law. Cohen received a B.A. in Political Science from Rice University, Houston and a Juris Doctorate from the University of San Diego School of Law, San Diego.

Stephen L. Ferszt, New York, NY Mr. Ferszt is chair of the Employee Benefits and Executive Compensation Group at Tarter Krinsky & Drogin LLP. He counsels clients ranging from Fortune 100 companies to small employers on all aspects of qualified retirement plans (defined contribution and defined benefit). He also counsels tax-exempt organizations on issues involving public charities and private foundations. Mr. Ferszt served as Chair of the Tax Section of the New Jersey State Bar Association and its Employee Benefits Committee. He is also a member of the IRS Northeast Pension Liaison Group and a fellow of the American College of Trust and Estate Counsel where he serves on its Employee Benefits in Estate Planning committee. Mr. Ferszt received his Juris Doctorate from the Benjamin N. Cardozo School of Law of Yeshiva University and his Bachelor of Arts from Boston University.

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