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JGR/Travel (5 of 6)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Travel (5 of 6)
Box: 55
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
2-27
WASHINGTON
TO: LINAS. KOJELIS
FROM: John G. Roberts, Jr.
Associate Counsel Dre
to the President
FYI
COMMENT
ACTION
THANKS FOR THE COPY OF
YOUR LETTER TO DR K70 R. JHIN-
LOOKS FINE. THE PARAGRAPH ON
RECEIPTS PROMITS ME TO REMIND
you, JUST TO BE ON THE SAFE
SIDE, THAT THE FEDERATION MUST
BE A 501(c)(3) ORGANIZATION IF
IT IS To PICK UP AM OF
YOUR EXPENSES.
THE WHITE HOUSE
WASHINGTON
February 27, 1985
Dear Kyo:
I would like to thank you and the executive committee of the
Federation of Korean Associations for inviting me to be a
part of your important program in New York last weekend. I
am, of course, also very grateful for the handsome plaque
and was very moved by this very generous gesture by your
organization, as well as by your very kind introduction.
I would also like to thank you for the very generous hono-
rarium of $500.00. Unfortunately, White House staff policy
does not allow me to accept honorariams for speaking engage-
ments. Thus, I am returning the gift in the enclosed envelope.
I am also enclosing two small travel receipts: $11.00 for
cab fare and $6.00 for airport parking.
It was good to see you in New York and I look forward to
having lunch with you on the 11th.
Sincerely,
Liver Kojelis
Associate Director
Office of Public Liaison
Dr. Kyo R. Jhin
Senior Advisor
The Federation of Korean Associations
7 Foxhall Ct.
Silver Spring, MD 20906
bcc: John Roberts
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THE WHITE HOUSE
WASHINGTON
Travel
expenses
May 13, 1985
John:
I called you on the matter
of travel and accomodations
reimbursement regarding the
invitation the U. of Texas
at Houston. Anne Higgins
told me to check this out
with you folk. Here's a copy
of the invitation and material
on U.T's tax status.
Please advise.
Thanks
m.Batton
Mike Batten
7486
UNIVERSITY OF TEXAS MEDICAL
STATES
POSTA
PO BOX 20708
HOUSTON TX 77225 09PM
Western Union Mailgram ®
UNITED
SERVICE
U.S.MAIL
1-0357208129 05/09/85 ICS IPMBNGZ CSP WHSB
7137924711 MGMB TDBN HOUSTON TX 89 05-09 0402P EST
MR MICHAEL D BATTEN, MuAs
AGENCY LIAISON
THE WHITE HOUSE
WASHINGTON DC 20500
WE WOULD LIKE TO INVITE YOU TO THE UNIVERSITY OF TEXAS MEDICAL SCHOOL
AT HOUSTON TO MEET WITH ADMINISTRATION AND FACILITY AND PROVIDE
INFORMATION ON ORGAN TRANSPLANT PROGRAMS. YOUR TRANSPORTATION AND
ACCOMMODATIONS WILL BE PAID FOR BY THE UNIVERSITY OF TEXAS, WE PLAN
ON YOUR BEING PRESENT ON MAY 17 AND 18 AND LOOK FORWARD TO RECEIVING
YOUR VALUED COUNSEL.
ALBERT E GUNN MD, ASSOC, DEAN FOR ADMISSIONS
UNIVERSITY OF TEXAS MEDICAL SCHOOL AT HOUSTON
ON
19811 EST
MGMCOMP
TO REPLY BY MAILGRAM MESSAGE, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL FREE PHONE NUMBERS
Internal Revenue Service
Department of the Treasury
Index Nos.: 0115.00-00
0170.00-00
Washington, DC 20224
2522.00-00
0509.00-00
4041.00-00
Person to Contact:
University of Texas System
Robert D. Patchell
201 W. 7th Street
Telephone Number:
Austin, TX 78701
(202) 566-3626
Refer Reply to:
CC:IND:I:3:2 - 3F2436
Date: 20 MAR 1984
University System = University of Texas System
EIN: 74-6000203 DO 74 TY 84
B = University of Texas at Arlington
C = University of Texas at Austin
D = University of Texas at Dallas
E = University of Texas at E1 Paso
F = University of Texas of the Permian Basin
G = University of Texas at San Antonio
H = University of Texas at Tyler
I = University of Texas Institute of Texan
Cultures at San Antonio
J = University of Texas Health Science
Center at Dallas
K = University of Texas Medical Branch at
Galveston
L = University of Texas Health Science
Center at Houston
M = University of Texas Health Science
Center at San Antonio
N = University of Texas System Cancer
Center
0 = University of Texas Health Center at
Tyler
State = State of Texas
Board = Board of Regents of the University of
Texas System
University = University of Texas
Dear Sir or Madam:
This is in response to a letter submitted on behalf of
the University System and its component institutions request-
ing rulings concerning the tax status of these organizations.
According to the information submitted, the establish-
ment of the University was mandated by section 10, article 7
of the constitution of State. Subsequently, the legislature
-2-
University of Texas System
established the University System under section 65.02
of Title 3, Tex. Education Code Ann. (Vernon) and organized
thereunder the University and its component educational
institutions listed as following: B, C, D, E, F, G, H, I,
J, K, L, M, N, and 0 (collectively referred to as the
"University System").
Statutory provisions vest the management, operation
and control of the University System in the Board. Nine
individuals, appointed by the governor of State with the
advice and consent of the senate, serve on the Board and
are included within the statutory definition of state
employees. Additionally, the treasurer of the State has
been designated as the treasurer of the University System.
The Board is authorized to prescribe the courses and
programs of study that are required to obtain a degree
from any of the component institutions in the University
System. However, the Board may not establish a four-year
undergraduate degree program at a component institution
that has not been authorized to do so by specific legisla-
tion without obtaining prior approval by a two-thirds
vote of the coordinating board of the University System
and a specific act of the legislature.
The Board is empowered to make appointments in the
component institutions under its control. In its dis-
cretion, the Board may also remove any officer, member
of the faculty, or employee connected with the University
System. The Board is authorized to accept gifts and
donations for the benefit of the University System and
any of its component institutions. Additionally, the
Board has the power of eminent domain to acquire any
land that may be necessary for the use of the University
System and the taking of such property has been declared
to be for the use of the State.
Section 115(1) of the Internal Revenue Code provides
that gross income does not include income derived from any
public utility or the exercise of any essential governmental
function and accruing to a state or any political subdivision
thereof.
-3-
University of Texas System
Section 115 of the Code does not apply to the states or
their political subdivisions, such as counties or towns (or
integral parts thereof). Generally, the activities of states
and their political subdivisions are exempt from federal
income taxation in accordance with the constitutional law
doctrine of intergovernmental tax immunity. Also, see
Rev. Rul. 71-131, 1971-1 C.B. 28 and Rev. Rul. 71-132, 1971-1
C.B. 29, which hold that income derived from the operation of
liquor stores by a state is not subject to federal income
tax. Thus, section 115 only applies to organizations that
are separate and apart from the state and its political
subdivisions.
Based on the information submitted, we conclude that
section 115 of the Code does not apply to the income of the
University System and its component institutions because they
are not organizations established separately from the State.
The activities and organizational structure of the University
System and its component institutions are established as an
integral part of the State's public education program.
Therefore, we conclude that the University System and its
component institutions are not subject to federal income
taxation because they are agencies within State's
government.
Section 170( (a) of the Code provides, subject to certain
limitations, a deduction for contributions and gifts to or
for the use of organizations described in section 170(c),
payment of which is made within the taxable year.
Section 170(c)(1) of the Code provides, in part, that
the term "charitable contribution" means a contribution or
gift to or for the use of a state or any political subdivision
thereof, but only if the contribution or gift is made
exclusively for public purposes.
Section 170(b) of the Code provides, in part, that
in the case of an individual, the deduction provided in
section 170(a) shall be allowed for any charitable con-
tribution to a governmental unit referred to in section
170 (c) (1) to the extent that the aggregate of such con-
tributions does not exceed 50 percent of the taxpayer's
contribution base for the taxable year.
-4-
University of Texas System
Because we have determined that the University System
and its component institutions are agencies within State's
government, these organizations are described in sections
170(b) (v) and 170 (c) (1). Therefore, we conclude that con-
tributions to the University System and its component insti-
tutions are deductible by donors under section 170 of the
Code provided such contributions are made for exlusively
public purposes.
Section 2522 (a) (1) of the Code provides that in deter-
mining the amount of taxable gifts for the calendar year
there may be deducted in the case of a donor who was a
citizen or resident of the United States at the time the
gifts were made, all gifts included in the "total amount
of gifts" made by the donor during the calendar year
which were made to or for the use of the United States,
any state or political subdivision thereof or the District
of Columbia for exclusively public purposes.
Section 4.04 of Rev. Proc. 84-1, 1984-1 I.R.B. 10
provides that no gift tax ruling may be issued except
to an actual taxpayer upon a specific set of facts.
For purposes of the gift tax, the taxpayer is the donor.
However, to the extent that the University System is a
charity described in section 2522 (a) (1) of the Code and
all other requirements of section 2522 are met at the time
of the gift, transfers to the University System and its
component institutions will meet the requirements of that
section of the Code.
We regret that we are unable to issue rulings with
respect to sections 2055 and 2106 of the Code. Section 5.02
of Rev. Proc. 84-1 provides that the National Office
will not rule on matters relating to the application of
the estate tax to the property or estate of a living
person.
We also are unable to issue a ruling as to the appli-
cation of section 2602 of the Code. Section 5.02(1) of
the foregoing Rev. Proc. provides that rulings are not
issued until after the generation skipping trust, or trust
equivalent, has been established. Rulings are not issued
on a generation skipping transfer tax matter before distri-
bution or termination takes place.
-5-
University of Texas System
Section 4041 (g) (2) of the Code exempts from the
taxes on diesel and special motor fuels imposed by section
4041 sales for the exclusive use of any state, political
subdivision thereof, or the District of Columbia.
Comparable exemptions from the tax on fuel used in commercial
transportation on inland waterways, the tax on heavy trucks
and trailers, the manufacturers excise taxes, the tax on
communications and the highway use tax are provided by
sections 4042(e) (3), 4053(b), 4221 (a) (4), 4253(i), and
4483(a), respectively. Also, section 4991 (b) (1) of the
Code exempts oil from the windfall profit tax imposed by
section 4986 where the oil is from an economic interest
held by a state or political subdivision thereof and all
the net income therefrom is dedicated to a public purpose.
Because the University System and its component insti-
tutions are a part of the State, they qualify for the state
exemptions from federal excise taxes cited above.
Section 2 of Rev. Proc. 84-1 provides that procedures
for obtaining rulings that apply specifically to federal
firearms taxes under subtitle E of the Code are under the
jurisdiction of the Bureau of Alcohol, Tobacco and Fire-
arms. Therefore, we are unable to issue rulings with
respect to sections 5123, 5214, 5362, and 5853 of the Code.
Section 509 (a) of the Code provides that the term private
foundation means a domestic or foreign organization described
in section 501 (c) (3) other than an organization described
in section 170 (b) (1) (A).
Section 501 (c) (1) provides for the exemption of cor-
porations organized under Act of Congress, if such corpora-
tions are instrumentalities of the United States and if,
under such Act, as amended and supplemented, such corpora-
tions are exempt from federal income taxes.
Section 501 (c) (3) of the Code provides for the exemption
from federal income tax of organizations organized and
operated exclusively for charitable, educational, religious,
or scientific purposes, no part of the net earnings of which
inures to the benefit of any private shareholder or individual.
-6-
University of Texas System
Section 6033 (a) (1) of the Code provides that, except as
provided in paragraph (2), every organization exempt from
taxation under section 501 (a) shall file an annual return,
stating specifically the items of gross income, receipts
and disbursements and such other information for the purpose
of carrying out the internal revenue laws as the Secretary
may by forms or regulations prescribe.
Section 1.6033-2(g (1) provides that a state institu-
tion, the income of which is excluded from gross income under
section 115(a), and which is otherwise exempt under section
501 (a) is not required to file an annual information return
on Form 990.
Rev. Rul. 60-384, 1960-2 C.B. 172 provides that a wholly-
owned state or municipal instrumentality which is a separate
entity (emphasis added) and which is organized and operated
exclusively for purposes described in section 501 (c) (3) of
the Code may qualify for exemption. A state or municipality
itself, however, would not qualify as an organization described
in section 501 (c) (3).
Chapter 13 of the Exempt Organizations Business/Master
File Handbook provides guidelines and procedures for listing
organizations in the Cumulative List of Organizations in
Publication 78 (Pub. 78).
Generally, the organizations listed in Pub. 78 are those
that have applied for, and received a determination or ruling
letter recognizing them to be exempt under section 501 (c) (3).
Since the University System and its component institutions
have not applied for recognition of exemption under
section 501 (c) (3) and received a ruling or determination
letter favorably recognizing such status and are not
organizations exempt under section 501 (c) (1), they do not
meet the criteria for listing in Pub. 78. The University
System and its component institutions were removed from
the Exempt Organizations Master File because they had been
erroneously listed as organizations recognized to be exempt
under section 501 (c) (1).
No opinion is expressed as to the federal income tax
consequences of the transaction described above under any
-7-
University of Texas System
other provision of the Code.
This ruling is directed only to the organizations that
requested it. Section 6110(j) (3) of the Code provides that
it may not be used or cited as precedent. In accordance
with the power of attorney on file with this office, a
copy of this letter is being sent to your authorized
representative.
Sincerely yours,
Richard # manfreda
Chief, Individual Income
Tax Branch
Enclosures 2
Copy of this letter
Copy for section 6110 purposes
THE WHITE HOUSE
WASHINGTON
June 13, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Travel Inquiry
B. Oglesby has been invited to speak at the annual dinner of
the Brunswick-Golden Isles Chamber of Commerce at the
Cloister Hotel on Sea Island, Georgia. His wife has been
invited as well. B. has asked whether he may accept trans-
portation (private aircraft) and travel expenses from the
Chamber.
The Chamber is not a 501 (c) (3) organization, and accordingly
B. may not accept transportation or travel expenses for
himself. In particular, he should not travel on the Chamber
aircraft. As we discussed this morning, since the Chamber
may not pay for B.'s travel it may not pay for his wife's.
The foregoing assumes that the travel is official, which I
think is the correct assumption.
Attachment
THE WHITE HOUSE
WASHINGTON
June 13, 1985
MEMORANDUM FOR M. B. OGLESBY, JR.
ASSISTANT TO THE PRESIDENT
FOR LEGISLATIVE AFFAIRS
FROM:
FRED F. FIELDING Orig, signed by TIP
COUNSEL TO THE PRESIDENT
SUBJECT:
Travel Inquiry
You have asked if the Brunswick-Golden Isles Chamber of
Commerce may pay your travel expenses, and those of your
wife, in connection with an invitation for you to address
their annual convention. The invitation would have to be
considered to have been extended to you in your official
capacity, and accordingly you may accept reimbursement of
travel expenses only from a 501 (c) (3) organization. The
Chamber is not such an organization. Since the Chamber may
not pay for your travel, it may not pay for that of your
spouse. In particular, you should not travel on the Chamber's
private aircraft.
FFF: JGR:aea 6/13/85
CC: FFFielding
JGRoberts
Subj
Chron
323179
ID #
CU
Dg
WHITE HOUSE
FG006-01
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
H . INTERNAL
JR.
I - INCOMING
Date Correspondence
Received (YY/MM/DD)
/
Name of Correspondent:
M.B.Oglesky
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
acceptance of travel expenses for speaking
engagement to the Brunnwich - Golden
Jales Chamber of Commerce
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
OUHOLL
85,06,11
PY
ORIGINATOR
/
/
Referral Note:
CUAT 18
1) 85,06,12 PY
5.85106,22
Referral Note:
/
/
/
/
Referral Note:
/
/
I
/
Referral Note:
/
/
/
/
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I - Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R. Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
323179
THE WHITE HOUSE
WASHINGTON
June 11, 1985
MEMORANDUM FOR FRED FIELDING
FROM:
M. B. OGLESBY, JR
I have been invited to speak to the Brunswick-Golden Isles
Chamber of Commerce's annual dinner on Friday, June 21,
in Sea Island, Georgia (letter of invitation attached).
The Chamber has invited my wife as well.
This memo is to seek specific guidance from your office
with regard to acceptance of travel expenses that will
be incurred during this trip. For your information,
the Chamber has offered transportation (private aircraft)
to facilitate my work schedule.
Thank you for your assistance.
B
YES
FYI
t
BRUNSWICK GOLDEN ISLES CHAMBER OF COMMERCE
Box 250, Brunswick, Georgia 31521
Telephone 912-265-0620
May 24, 1985
Office of the President
Mr. M. B. Oglesby
Assistant to the President
for Legislative Affairs
The White House
Washington, D. C. 20005
Dear Mr. Oglesby:
This letter is to confirm your acceptance to
speak at our annual dinner on Friday, June 21st
at the Cloister Hotel, Sea Island, Georgia.
We have made arrangements for you to be our
guest at the Cloister on Friday, June 21st and
Saturday, June 22nd. We will be back in touch with
you to arrange for your transportation.
We would appreciate it if prior to the 21st you
would send us a biographical sketch from which we
might write a proper introduction.
We look forward to having you visit the Golden
Isles and speak to our Chamber of Commerce.
IV
Yours @Wildow truly,
H. P. Weldon
(va
Sanders)
HPW: vns
his it > Xt is las 55
For &SAT Nine
LEAVE Sun.
BRUNSWICK
ENVLL
D GEORGIA
THE WHITE HOUSE
WASHINGTON
August 23, 1985
MEMORANDUM FOR FRED MCCLURE
SPECIAL ASSISTANT TO THE PRESIDENT
FOR LEGISLATIVE AFFAIRS
FROM:
ASSOCIATE COUNSEL TO THE PRESIDENT
JOHN G. ROBERTS OZR
SUBJECT:
Approval of Speaking Invitation from
Breckenridge (Texas) Chamber of Commerce
You have asked this office to approve your acceptance of
travel expenses from the Breckenridge Chamber of Commerce,
in connection with an invitation extended to you to partici-
pate as guest speaker at the Chamber's annual banquet. You
have indicated that you would speak on the Administration's
programs and policies at the banquet.
The Chamber is a 501 (c) (6) organization. Federal law
permits acceptance of travel expenses incurred in official
travel only from 501 (c) (3) organizations. 5 U.S.C. § 4111.
Accordingly, if your travel is determined to be official
travel, you may not accept reimbursement of expenses from
the Chamber, or arrange to have the Chamber pay your travel
expenses.
In our view, travel in connection with an address to an
organization such as the Chamber on Administration programs
and policies must be considered official travel. As noted
in the White House Travel Handbook, "as a rule of thumb, if
your travel is in furtherance of your official duties or the
Administration's policies, it should be considered as
"official" travel for purposes of determining whether you
may accept expenses." Accordingly, your travel expenses
must be paid for from appropriated funds.
#).
334614
ID #
CU
FGOOG OI
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o - OUTGOING
JR-dering
H . INTERNAL
1 . INCOMING
Date Correspondence
Received (YY/MM/DD)
Name of Correspondent: Fred mecluse
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
approval of speahing Invitation
from commerce Brechensidge t Texas) chamber as
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency (Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
cultau
ORIGINATOR
85,07,30
1
1
Referral Note:
cuat 18
R 851073172
$ 85,08,11
Referral Note:
/ 1
1 1
Referral Note:
/ 1
1 1
Referral Note:
1 1
1 1
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
Copy Dniy/No Action Necessary
A Answered
c Completed
c - Comment/Recommendation
R . Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
$ For Signature
F - Furnish Fact Sheet
Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
July 26, 1985
4
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TO:
FRED FIELDING
Counsel to the President
THROUGH:
MAX L. FRIEDERSDORE
M.B. OGLESBY, JR.
mef
PAMELA J. TURNER 7ml
FROM:
FRED McCLURE
Special Assistant to the President
for Legislative Affairs
SUBJECT:
Approval of Speaking Invitation from
Non-Profit Organization
Pursuant to section 5 (A) of the White House Standards of
Conduct relating to "Travel Related Expenses," approval is
hearby sought for authority to accept an invitation from
the Breckenridge (Texas) Chamber of Commerce. The invitation
was not extended to me in my official capacity as a member of
the White House staff.
The Chamber is exempt from taxation under the Internal Revenue
Code, 26 U.S.C. § 501 (c) (6). It is a " chamber (s) of commerce
not organized for profit and no part of the net earnings of
which inures to the benefit of any private shareholder or
individual."
The invitation extended is for me to participate as the guest
speaker at the Annual Banquet of the Chamber during the week of
February 16, 1986 (a final date has not been selected), in
Breckenridge, Texas. The organization proposes to pay for my
normal, reasonable travel expenses.
In my view, should I accept this invitation, it will not create
an actual or apparent conflict of interest with my official
duties if the Chamber reimburses me in the manner described,
supra.
Further, I understand that the reimbursement must be disclosed
on my annual Executive Personnel Financial Disclosure Report
(SF-278), pursuant to 5 U.S.C. app. 4 § 201 (a), 5 C.F.R.
§ 734.604.
MEMORANDUM TO FRED FIELDING
June 5, 1985
Page Two
Should you need additional information concerning this request,
please contact me at extension 6782.
Approve
Date
Signature
Disapprove
Date
Signature