§ 4946. Definitions and special rules
(a)
Disqualified person
(1)
In general
For purposes of this subchapter, the term “disqualified person” means, with respect to a private foundation, a person who is—
(D)
a member of the family (as defined in subsection (d)) of any individual described in subparagraph (A), (B), or (C),
(E)
a corporation of which persons described in subparagraph (A), (B), (C), or (D) own more than 35 percent of the total combined voting power,
(F)
a partnership in which persons described in subparagraph (A), (B), (C), or (D) own more than 35 percent of the profits interest,
(G)
a trust or estate in which persons described in subparagraph (A), (B), (C), or (D) hold more than 35 percent of the beneficial interest,
(H)
only for purposes of section
4943, a private foundation—
(i)
which is effectively controlled (directly or indirectly) by the same person or persons who control the private foundation in question, or
(ii)
substantially all of the contributions to which were made (directly or indirectly) by the same person or persons described in subparagraph (A), (B), or (C), or members of their families (within the meaning of subsection (d)), who made (directly or indirectly) substantially all of the contributions to the private foundation in question, and
(3)
Stockholdings
For purposes of paragraphs (1)(C)(i) and (1)(E), there shall be taken into account indirect stockholdings which would be taken into account under section
267
(c), except that, for purposes of this paragraph, section
267
(c)(4) shall be treated as providing that the members of the family of an individual are the members within the meaning of subsection (d).
(4)
Partnerships; trusts
For purposes of paragraphs (1)(C)(ii) and (iii), (1)(F), and (1)(G), the ownership of profits or beneficial interests shall be determined in accordance with the rules for constructive ownership of stock provided in section
267
(c) (other than paragraph (3) thereof), except that section
267
(c)(4) shall be treated as providing that the members of the family of an individual are the members within the meaning of subsection (d).
(b)
Foundation manager
For purposes of this subchapter, the term “foundation manager” means, with respect to any private foundation—
(c)
Government official
For purposes of subsection (a)(1)(I) and section
4941, the term “government official” means, with respect to an act of self-dealing described in section
4941, an individual who, at the time of such act, holds any of the following offices or positions (other than as a “special Government employee”, as defined in section
202
(a) of title
18, United States Code):
(1)
an elective public office in the executive or legislative branch of the Government of the United States,
(2)
an office in the executive or judicial branch of the Government of the United States, appointment to which was made by the President,
(3)
a position in the executive, legislative, or judicial branch of the Government of the United States—
(4)
a position under the House of Representatives or the Senate of the United States held by an individual receiving gross compensation at an annual rate of $15,000 or more,
(5)
an elective or appointive public office in the executive, legislative, or judicial branch of the government of a State, possession of the United States, or political subdivision or other area of any of the foregoing, or of the District of Columbia, held by an individual receiving gross compensation at an annual rate of $20,000 or more,
(d)
Members of family
For purposes of subsection (a)(1), the family of any individual shall include only his spouse, ancestors, children, grandchildren, great grandchildren, and the spouses of children, grandchildren, and great grandchildren.