Liberal ‘dark money’ group could face IRS fine

Union-backed Pennsylvanians for Accountability, which spent more than $1 million on political advertisements targeting Republican Gov. Tom Corbett and a handful of state lawmakers, failed to file a mandatory tax return, the Center for Public Integrity has learned.

For failing to file returns with the IRS on time, the secretive, Pittsburgh-based Pennsylvanians for Accountability could be fined up to $50,000.

The IRS confirmed the agency had not received the group's tax filing — the kind of document that provides a key window into the inner workings of politically active nonprofit groups like Pennsylvanians for Accountability, which are becoming increasingly influential in state and national elections.

Related: Key findings from our investigation into Pennsylvanians for Accountability

Adam Bonin, a Philadelphia-based lawyer who represents Pennsylvanians for Accountability, acknowledged the nonprofit didn’t file its tax return on time. He said the group would soon be submitting documents to the IRS.

Bonin provided an unofficial copy to the Center for Public Integrity, which showed the group raised $1.23 million in its first year of existence. Most of the money came from labor unions.

Almost immediately after its formation in September 2012, Pennsylvanians for Accountability, which is organized as a “social welfare” group under Section 501(c)(4) of the U.S. tax code, produced mailers critical of several Republicans running for re-election to Pennsylvania’s House of Representatives.

Related: Donors to Pennsylvanians for Accountability

The 501(c)(4) tax status allows organizations like Pennsylvanians for Accountability to lobby to advance a “social welfare” mission and engage in politics, so long as overt support of or opposition to candidates is not their primary purpose.

This tax status also generally allows these nonprofits to keep the names of their donors secret, unlike political action committees, which must disclose their funders. This has earned them the moniker “dark money.”

Such “dark money” nonprofits have been increasingly active in elections, thanks, in part, to the U.S. Supreme Court’s Citizens United v. Federal Election Commission ruling in 2010, which allowed corporations, including certain nonprofit corporations, to bankroll political ads that call for the election or defeat of candidates.

Related: Copy of Pennsylvanians for Accountability's tax return

One of the Republican lawmakers targeted by Pennsylvanians for Accountability was state Rep. Rick Saccone. The group’s mailers asserted that “our kids” weren’t Saccone’s “top priority” because he had supported cuts to education spending.

There’s more to this story. Click here to read the rest at the Center for Public Integrity.

This story is part of Consider the Source. Seeking to ‘out’ shadowy political organizations flourishing in the wake of the Supreme Court’s Citizens United ruling. Click here to read more stories in this investigation.

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Copyright 2014 The Center for Public Integrity. This story was published by The Center for Public Integrity, a nonprofit, nonpartisan investigative news organization in Washington, D.C.