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Follow-up to the Letter of Complaint 

 
September 1, 2004

Government Bureau
Massachusetts Attorney General’s Office
One Ashburton Place
Boston, MA. 02108

Gregory Sullivan
Inspector General
State of Massachusetts
One Ashburton Place
Boston, MA. 02108

Housing and Urban Development
Office of the Inspector General
10 Causeway Street
Boston, MA. 02222

Massachusetts State Ethics Commission
Room 619
One Ashburton Place
Boston, MA. 02108


Dear Friends,

A postscript to our letter of August 24, 2004 regarding the Hospital Hill Development and the Northampton Development Corporation. On the 26th of August the Northampton Development Corporation filed their 990PF for 2003. They listed their contribution of $1240 to the Committee on Jobs and Housing on Hospital Hill as an expense under part one (other expenses). The IRS asks them, under part 7A, the following:

Question answer

1A During the tax year, did the organization attempt to influence any
national, state, or local legislation or intervene in any political campaign? “No”

1B Did it spend more than $100 during the year for political purposes? “No”

Has the organization engaged in any activities that have not been reported to
the IRS? “No”

The contribution to this campaign was the only expenditure of any significance that the NDC made during this reporting period. Our contention would be that the donation is not an allowable expense under its nonprofit mandate. Under 26UC S 4945, (e) “the term taxable expenditure means any amount paid or incurred by a private foundation for : (1) any attempt to influence any legislation through an attempt to affect the opinion of the general public or any segment. “

the NDC contribution falls within the definition of self-dealing under 26UCS 4941, since the clerk of this corporation and one member of the executive committee work for the developer and benefited directly from the project.


Sincerely yours,

Michael A. Kirby
Treasurer, Committee on NSH Ballot Questions
michaelakirby@aol.com