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OTHER ASPECTS OF DEDUCTIBLE GIVINGwithin the Department of the Treasury, entail a variety of sanctions, includingdenial of the deductibility of contributions to an organization. The broad authorityof OFAC is being upheld by the courts. 200These developments also have led the Treasury Department to issue “voluntary”guidelines for charitable organizations to follow so as to avoid ties to terroristorganizations. 201 These sweeping guidelines have attracted considerableattention and criticism, in part because they embody precepts that are notrequired by the federal tax law or state corporate law. 202Moreover, the tax-exempt status of an organization that has been designated,pursuant to federal law, as supporting or engaging in terrorist activity orsupporting terrorism is suspended. Contributions made to an organization duringthe period of suspension of exemption are not deductible for federal taxpurposes. 203§ 10.12 STATUTE OF LIMITATIONSThe general rule is that the statute of limitations establishes a three-year periodwithin which the IRS can assess or collect any deficiencies or additions to tax asdetermined by it. 204 In the case of a fraudulent return, however, the period oflimitations is extended indefinitely. 205 On many occasions, the IRS has beenallowed to assess and collect tax deficiencies and additions to tax after expirationof the general three-year period, because of fraud committed by abuse ofthe charitable contribution deduction. 206§ 10.13 CONCEPT OF TRUST INCOME(a) Basic PrinciplesThe definition of what constitutes income of a trust reverberates throughout thetax law of charitable giving as well as the federal tax law generally. This definitionaffects ordinary trusts, estates, charitable remainder trusts, 207 pooled incomefunds, 208 trusts that qualify for the gift and estate tax marital deduction, 209 and200 See, e.g., Holy Land Found. for Relief & Dev. v. Ashcroft, 219 F. Supp. 2d 57 (D.D.C. 2002); Global ReliefFound., Inc. v. O’Neill, 207 F. Supp. 2d 779 (N.D. Ill. 2002).201 U.S. Department of the Treasury, Anti-Terrorist Financing Guidelines: Voluntary Best Practices for U.S.-Based Charities (Nov. 7, 2002), at 39 Exempt Orgs. Tax Rev. (No. 1) 120 (Jan. 2003).202 See, e.g., Harris, “New Treasury Guidelines on Terrorist Funding Draw Criticism,” 39 Exempt Orgs. Tax Rev.(No. 1) 23 (Jan. 2003); Rambler, “New Developments for International Charitable Giving: The War AgainstTerrorist Financing,” 39 Exempt Orgs. Tax Rev. (No. 1) 33 (Jan. 2003).203 IRC § 501(p), created upon enactment of § 108 of the Military Family Tax Relief Act of 2003 (Pub. L. No.108-121), effective as of November 11, 2003. See Tax-Exempt Organizations § 24.6A.204 IRC § 6501(a).205 IRC § 6501(c).206 See, e.g., Braswell v. Commissioner, 66 T.C.M. (CCH) 627 (1993).207 See Chapter 12.208 See Chapter 13.209 See §§ 8.2(k)(i), 8.3(b)(ii). 384