Attach to Form 990 or Form 990-EZ.
Go to
www.irs.gov/Form990 for instructions and the latest information.
| (i) Name of supported organization | (ii) EIN | (iii) Type of organization (described on lines 1- 10 above (see instructions)) | (iv) Is the organization listed in your governing document? | (v) Amount of monetary support (see instructions) | (vi) Amount of other support (see instructions) | |
|---|---|---|---|---|---|---|
| Yes | No | |||||
|
Total |
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Calendar year
(or fiscal year beginning in)
![]() |
(a) 2019 | (b) 2020 | (c) 2021 | (d) 2022 | (e) 2023 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grant.") .. | 1,431,928 | 1,133,631 | 1,664,860 | 2,792,446 | 3,383,266 | 10,406,131 |
| 2 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf .... | 0 | |||||
| 3 | The value of services or facilities furnished by a governmental unit to the organization without charge.. | 0 | |||||
| 4 | Total. Add lines 1 through 3 | 1,431,928 | 1,133,631 | 1,664,860 | 2,792,446 | 3,383,266 | 10,406,131 |
| 5 | The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f) .. | 5,627,332 | |||||
| 6 | Public support. Subtract line 5 from line 4. | 4,778,799 | |||||
Calendar year
(or fiscal year beginning in)
![]() |
(a) 2019 | (b) 2020 | (c) 2021 | (d) 2022 | (e) 2023 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 7 | Amounts from line 4.. | 1,431,928 | 1,133,631 | 1,664,860 | 2,792,446 | 3,383,266 | 10,406,131 |
| 8 | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources... | 77,908 | 41,848 | 10,347 | 18,206 | 492,523 | 640,832 |
| 9 | Net income from unrelated business activities, whether or not the business is regularly carried on.. | ||||||
| 10 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.).. | 173 | 169 | 169 | 178 | 176 | 865 |
| 11 | Total support. Add lines 7 through 10 | 11,047,828 | |||||
Calendar year (or fiscal
year beginning in) ![]() |
(a) 2019 | (b) 2020 | (c) 2021 | (d) 2022 | (e) 2023 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") . | ||||||
| 2 | Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose | ||||||
| 3 | Gross receipts from activities that are not an unrelated trade or business under section 513 ..... | ||||||
| 4 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf... | ||||||
| 5 | The value of services or facilities furnished by a governmental unit to the organization without charge | ||||||
| 6 | Total. Add lines 1 through 5 | ||||||
| 7a | Amounts included on lines 1, 2, and 3 received from disqualified persons | ||||||
| b | Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year. | ||||||
| c | Add lines 7a and 7b.. | ||||||
| 8 | Public support. (Subtract line 7c from line 6.) | ||||||
Calendar year
(or fiscal year beginning in)
![]() |
(a) 2019 | (b) 2020 | (c) 2021 | (d) 2022 | (e) 2023 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 9 | Amounts from line 6... | ||||||
| 10a | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources.. | ||||||
| b | Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975. | ||||||
| c | Add lines 10a and 10b. | ||||||
| 11 | Net income from unrelated business activities not included on line 10b, whether or not the business is regularly carried on. | ||||||
| 12 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.) .. | ||||||
| 13 | Total support. (Add lines 9, 10c, 11, and 12.).. | ||||||
| Section A - Adjusted Net Income | (A) Prior Year |
(B) Current Year (optional) |
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| 1 | Net short-term capital gain | 1 | ||||
| 2 | Recoveries of prior-year distributions | 2 | ||||
| 3 | Other gross income (see instructions) | 3 | ||||
| 4 | Add lines 1 through 3 | 4 | ||||
| 5 | Depreciation and depletion | 5 | ||||
| 6 | Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) | 6 | ||||
| 7 | Other expenses (see instructions) | 7 | ||||
| 8 | Adjusted Net Income (subtract lines 5, 6 and 7 from line 4) | 8 | ||||
| Section B - Minimum Asset Amount | (A) Prior Year |
(B) Current Year (optional) |
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| 1 | Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): | 1 | ||||
| a | Average monthly value of securities | 1a | ||||
| b | Average monthly cash balances | 1b | ||||
| c | Fair market value of other non-exempt-use assets | 1c | ||||
| d | Total (add lines 1a, 1b, and 1c) | 1d | ||||
| e |
Discount claimed for blockage or other factors (explain in detail in Part VI): |
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| 2 | Acquisition indebtedness applicable to non-exempt use assets | 2 | ||||
| 3 | Subtract line 2 from line 1d | 3 | ||||
| 4 | Cash deemed held for exempt use. Enter 0.015 of line 3 (for greater amount, see instructions). | 4 | ||||
| 5 | Net value of non-exempt-use assets (subtract line 4 from line 3) | 5 | ||||
| 6 | Multiply line 5 by 0.035 | 6 | ||||
| 7 | Recoveries of prior-year distributions | 7 | ||||
| 8 | Minimum Asset Amount (add line 7 to line 6) | 8 | ||||
| Section C - Distributable Amount | Current Year | |||||
| 1 | Adjusted net income for prior year (from Section A, line 8, Column A) | 1 | ||||
| 2 | Enter 85% of line 1 | 2 | ||||
| 3 | Minimum asset amount for prior year (from Section B, line 8, Column A) | 3 | ||||
| 4 | Enter greater of line 2 or line 3 | 4 | ||||
| 5 | Income tax imposed in prior year | 5 | ||||
| 6 | Distributable Amount. Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions) | 6 | ||||
| Section D - Distributions | Current Year | |
|---|---|---|
| 1 Amounts paid to supported organizations to accomplish exempt purposes | 1 | |
|
2
Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity |
2 | |
| 3 Administrative expenses paid to accomplish exempt purposes of supported organizations | 3 | |
| 4 Amounts paid to acquire exempt-use assets | 4 | |
| 5 Qualified set-aside amounts (prior IRS approval required - provide details in Part VI) | 5 | |
| 6 Other distributions (describe in Part VI). See instructions | 6 | |
| 7Total annual distributions. Add lines 1 through 6. | 7 | |
|
8
Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI). See instructions |
8 | |
| 9 Distributable amount for 2023 from Section C, line 6 | 9 | |
| 10 Line 8 amount divided by Line 9 amount | 10 | |
| Section E - Distribution Allocations (see instructions) |
(i) Excess Distributions |
(ii) Underdistributions Pre-2023 |
(iii) Distributable Amount for 2023 |
|
|---|---|---|---|---|
| 1 Distributable amount for 2023 from Section C, line 6 | ||||
|
2
Underdistributions, if any, for years prior to 2023 (reasonable cause required-- explain in Part VI).
See instructions. |
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| 3 Excess distributions carryover, if any, to 2023: | ||||
| a From 2018....... | ||||
| b From 2019....... | ||||
| c From 2020....... | ||||
| d From 2021....... | ||||
| e From 2022....... | ||||
| fTotal of lines 3a through e | ||||
| g Applied to underdistributions of prior years | ||||
| h Applied to 2023 distributable amount | ||||
|
i
Carryover from 2018 not applied (see instructions) |
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| j Remainder. Subtract lines 3g, 3h, and 3i from line 3f. | ||||
| 4Distributions for 2023 from Section D, line 7: | ||||
| $ | ||||
| a Applied to underdistributions of prior years | ||||
| b Applied to 2023 distributable amount | ||||
| c Remainder. Subtract lines 4a and 4b from line 4. | ||||
|
5
Remaining underdistributions for years prior to 2023, if any. Subtract lines 3g and 4a from line 2. If the amount is greater than zero, explain in Part VI. See instructions. |
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|
6
Remaining underdistributions for 2023. Subtract lines 3h and 4b from line 1. If the amount is greater than zero, explain in Part VI. See instructions. |
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|
7 Excess distributions carryover to 2024. Add lines 3j and 4c. |
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| 8 Breakdown of line 7: | ||||
| a Excess from 2019..... | ||||
| b Excess from 2020..... | ||||
| c Excess from 2021..... | ||||
| d Excess from 2022..... | ||||
| e Excess from 2023..... | ||||
| Facts And Circumstances Test |
|---|
| Return Reference | Explanation |
|---|---|
| Schedule A, Part II, Line 1 UNUSUAL GRANTS BY YEAR | 2022 - 5,000,000 |
| Schedule A, Part II, Line 10 Other Income | DESCRIPTION - MISCELLANEOUS INCOME, COLUMN A - 173.0, COLUMN B - 169.0, COLUMN C - 169.0, COLUMN D - 178.0, COLUMN E - 176.0, COLUMN F - 865.0; |
| Software ID: | 23017437 |
| Software Version: | 2023v5.1 |
| Return Reference | Explanation |
|---|---|
| Form 990, Part III, Line 1 ORGANIZATION'S MISSION | THE LANDMARK LEGAL FOUNDATION (A MISSOURI NON PROFIT CORPORATION) IS A NATIONAL PUBLIC INTEREST LAW FIRM COMMITTED TO PRESERVING THE PRINCIPLES OF LIMITED GOVERNMENT, SEPARATION OF POWERS, FEDERALISM, ADVANCING AN ORIGINALIST APPROACH TO THE CONSTITUTION AND DEFENDING INDIVIDUAL RIGHTS AND RESPONSIBILITIES. SPECIALIZING IN CONSTITUTIONAL HISTORY AND LITIGATION, LANDMARK'S LEGAL PROGRAM PROVIDES EXTENSIVE PUBLIC EDUCATION RELATED TO CONSTITUTIONAL INTERPRETATION, THE PROPER ROLE OF JUDICIARY, AND GOVERNMENTAL INTEGRITY. |
| Form 990, Part III, Line 4a PROGRAM SERVICE DESCRIPTION | United States Supreme Court and Lower Court Cases Trump v. Anderson and related cases Landmark opposed legal actions seeking to have former President Donald Trump declared ineligible for the presidency under Section Three of the Fourteenth Amendment. Landmark filed briefs with the Michigan Court of Appeals and the Oregon Supreme Court urging rejection of these actions. In January, Landmark submitted a brief to the U.S. Supreme Court urging the Court to overturn the Colorado Supreme Court's decision disqualifying Mr. Trump from appearing on the Republican primary ballot. Landmark argued that affirming Colorado's decision would enable partisan officials to disqualify their political opponents by declaring them insurrectionists without the due process of law. Landmark's brief presented examples of incidents where politicians gave impassioned speeches that could, using Colorado's standard, be classified as inciting insurrection. Vice President Kamala Harris' statement that the 2020 violent riots "should "need" to continue was an example as was Representative Jamaal Bowan's pulling of a Capitol fire alarm. Loper v. Raimondo (Chevron Deference) In Loper v. Raimondo, the Supreme Court will decide whether it will officially revoke its decision in Chevron v. Natural Res. Def. Council. Landmark's amicus brief in Loper, highlighted the Biden Administration's failures to follow Court decisions in recent administrative law cases. Despite imposition of the Major Questions Doctrine in West Virginia v. EPA and the limiting principles espoused in Biden v. Nebraska (student loan cancellation), administrative agencies continue to promulgate regulations well beyond their statutory authority. Revocation of Chevron will place additional restraints on administrative agencies in their continuing efforts to unconstitutionally usurp legislative authority from Congress. Consumer Financial Protection Bureau v. Community Regulation Financial Landmark filed a brief at the merits stage urging the Supreme Court to uphold a Fifth Circuit decision striking down the CFPB's unconstitutional funding scheme, which operates outside the normal congressional appropriations process. Instead of receiving money allocated to it each year by Congress, the CFPB receives funding directly from the Federal Reserve, which collects fees from member banks. Landmark argued that CFPB's funding scheme violates the Constitution's appropriations clause, which directs that "[n]o Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." Landmark also demonstrated from CFPB disclosure reports that the Bureau uses its funding as an investment tool, amassing a revenue stream outside of the control of Congress or the Executive branch that to date exceeds $330 million. Landmark was on the winning side in a previous challenge to CFPB's single-director structure, which violated the Appointments clause by insulating CFPB's director from the President's removal power. Unfortunately, this time Justice Thomas writing for a 7-2 majority ruled against us, upholding the CFPB's financing mechanism. Justice Alito, joined by Justice Gorsuch, dissented. Charles G. Moore et ux. v. United States (Wealth Tax Case) After successfully supporting a petition for certiorari, Landmark filed an amicus brief at the merits stage arguing that Mandatory Repatriation Tax of the Tax Cuts and Jobs Act of 2017 was a direct tax on the Moore's wealth. The MRT applied retroactively to the Moore's' proportional ownership of a foreign corporation, even though they did not realize any income. They did not sell their shares and never received any dividends. Since the direct tax was not apportioned among the states by population, it violated the Constitution's Direct Tax Clause and the Apportionment Clause. These clauses create a major hurdle for any national wealth tax plan. Teachers Union Political Activity Reporting Investigations American Federation of Teachers, IRS Administrative Complaint II In response to Landmark's initial IRS complaint detailing millions of dollars in unreported political expenditures, AFT stated that it conducted its political activities entirely through its 527 organization, AFT Solidarity. Landmark investigated the tax filings of AFT Solidarity and the Department of Labor filings of AFT. We again identified millions of dollars in apparently unreported political expenditures omitted from AFT's Department of Labor LM-2 reports. These findings prompted Landmark to supplement its original complaint documenting several million dollars in unreported political expenditures by AFT. Freedom of Information Act Requests: 1. Customs and Border Protection (CBP): On September 27, 2023. Landmark requested records related to US Customs and Border Protection's use of the CBP One program for processing asylum seekers. Landmark requested records related to the rate of use of CBP One among asylum seekers entering the United States. CBP awarded Landmark a fee waiver but denied expedited processing. The records production is pending. 2. Department of Homeland Security: On September 27, 2023, Landmark requested communication records between Randi Weingarten, Miriam Feldblum, and Antonio Flores of the Homeland Security Academic Partnership Council (HSAPC) and the Department of Homeland Security between May 1, 2023, and September 6, 2023. Landmark requested communications records between these individuals, which Landmark considered to be unqualified appointees, related to the HSAPC meeting on September 6, 2023. DHS awarded Landmark a fee waiver but denied expedited processing. An appeal for this denial and the production of records is pending. 3. Department of State: On December 14, 2023. Landmark requested communication records between the Department, Barack Obama, and staff members of the Office of Barack and Michelle Obama, as well as the Obama Foundation. Landmark sought records which might show that Barack Obama had influenced the direction and development of State Department policy. The State Department has made no substantive decision on Landmark's request for a fee waiver and expedited processing. Landmark is now considering potential legal action against the Department for this lack of a timely response. Regulatory Comments: 1. National Highway Traffic Safety Administration (NHSTA): On October 12, 2023, Landmark submitted a comment to the NHSTA in response to proposed Corporate Average Fuel Economy (CAFE) Standards. Landmark argued the proposed rule should be revoked for three reasons: 1) the proposed rule used standards created by an entity with no authority to do so; 2) the proposed rule would have significant negative economic impacts for consumers, and; 3) the proposed rule sought to pick winners and losers in the economy. Landmark first argued that the proposed CAFE standards relied on the Social Cost of Greenhouse Gases (SC-GHGs) metric, which was created by the Interagency Working Group outside the Administrative Procedure Act. This made any proposed rules which used such a metric unlawful, as the creation and implementation of the metric was unlawful. Landmark then discussed the economic impact on consumers of the regulations, which would cause billions of dollars in net costs for passenger cars. Landmark also noted that the estimated benefits of the regulation for passenger cars were no doubt inflated, as NHSTA ignored the opportunity costs of making cars more fuel efficient, such as less trunk space or smaller towing capacity. Finally, Landmark noted that the rule would pick winners and losers in the economy, punishing companies that cannot make a swift move to electric car production with billions of dollars in penalties. |
| Form 990, Part III, Line 4a PROGRAM SERVICE DESCRIPTION - CONT'D | 2. Equal Employment Opportunity Commission (EEOC): On October 31, 2023, Landmark submitted a comment to the EEOC in response to proposed Harassment Guidelines for the workplace. The guidelines would have made discussion of abortion and contraception, and the failure to use the preferred gender pronouns of coworkers, harassment under Title VII of the Civil Rights Act. Landmark argued the proposed rule should be revised to strike these sections for two reasons: 1) the proposal would infringe upon the free speech of employees, and 2) the proposal would infringe upon the free exercise of religion of employees. Specifically, Landmark first argued that discussions of abortion and contraception cannot be considered sex-based harassment under relevant case law including Standridge v. Union Pac. R.R. Co. and Bray v. Alexandria Women's Health Clinic, and their inclusion in the proposal chilled speech in the workplace unlawfully. Landmark also argued that "misgendering" coworkers did not rise to the level of workplace harassment as laid out in Harris v Forklift Sys. Finally, Landmark argued the proposal would violate the free exercise of religion by preventing those with religious objections to abortion or contraception from voicing their religious beliefs at work. 3. Office of Professional Management (OPM): On November 15, 2023, Landmark submitted a comment to OPM on a proposed regulation (Upholding Civil Service Protections and Merit System Principles) that would make it nearly impossible to terminate employment for federal workers. Under the proposed rule, moving a federal employee from Competitive Service to Expected Service will not mean a revocation of previously accrued protections. This means any effort to terminate employment would have to follow a burdensome and time-consuming process that contributes to an ineffective and inefficient federal government. In addition, Landmark notes that OPM has no authority to promulgate such a burdensome and unreasonable rule. Fellowship and Internship Program Landmark expanded its college intern program established in 2022. Our first interns hailed from the University of Virginia, Brown University, and the University of Dallas. Landmark established the Gary L. McDowell Fellowship in 2023. The McDowell Fellowship is post-graduate program designed to prepare young conservatives for better success in law school. Landmark's training programs provide outstanding young conservatives with the opportunity to defend our nation's Rule of Law and hone their intellectual and professional skills. This program will simultaneously allow us to increase our research capacity to fight for the Constitution and educate a new generation of Conservative leaders. |
| Form 990, Part VI, Line 15a & 15B | ALL COMPENSATION DECISIONS FOR OFFICERS AND STAFF ARE MADE BY THE FULL BOARD OF DIRECTORS IN CONSULTATION WITH THE PRESIDENT ANNUALLY. THE PRESIDENT DOES NOT PARTICIPATE IN SETTING HIS COMPENSATION, AND ONLY MAKES RECOMMENDATIONS FOR THE OTHER OFFICERS AND EMPLOYEES. OFFICERS' COMPENSATION RECOMMENDATIONS ARE BASED ON AN ANALYSIS OF COMPENSATION REPORTED ON SIMILAR PUBLIC-INTEREST LAW FIRMS' ANNUAL FORM 990 TAX RETURNS. IN ADDITION, AN EMPLOYEE'S YEARS OF SERVICE, PERFORMANCE, AND THE ORGANIZATION'S FINANCIAL CONDITION ARE GIVEN CONSIDERATION. MODEST AD HOC PERFORMANCE BONUSES HAVE BEEN AWARDED FROM TIME TO TIME BY THE BOARD OF DIRECTORS. (NO BONUS OR OTHER COMPENSATION LEVELS ARE EVER BASED ON THE AMOUNT OF MONEY RAISED BY THE ORGANIZATION.) LANDMARK PROVIDES FULL HEALTH AND DENTAL INSURANCE COVERAGE TO ALL FULL-TIME EMPLOYEES. THE FOUNDATION ALSO PROVIDES AN EMPLOYER-FUNDED PROFIT SHARING PLAN AT A LEVEL SET ANNUALLY BY THE FULL BOARD IN CONSULTATION WITH THE PRESIDENT. FULL-TIME EMPLOYEES ARE PROVIDED THE OPPORTUNITY TO PARTICIPATE IN AN EMPLOYEE-FUNDED 403B RETIREMENT ANNUITY PROGRAM. THERE ARE NOT ANY OTHER COMPENSATION PROGRAMS SUCH AS SECTION 457 DEFERRED COMPENSATION PLANS, CAR REIMBURSEMENT, HOUSING OR EXPENSE ACCOUNTS, CELLPHONES, ETC. |
| Form 990, Part VI, Line 11b Review of form 990 by governing body | AN INDEPENDENT ACCOUNTING FIRM PREPARES AND REVIEWS THE FORM 990. THE 990 IS THEN REVIEWED BY THE ORGANIZATION'S MANAGEMENT. ANY QUESTIONS OR CONCERNS THE ORGANIZATION'S MANAGEMENT HAVE ARE ADDRESSED AND ANY CORRECTIONS OR CLARIFICATIONS ARE MADE PRIOR TO FILING THE 990. A FINAL COPY OF THE 990 IS SENT TO THE BOARD PRIOR TO FILING. |
| Form 990, Part VI, Line 12c Conflict of interest policy | COPIES OF THE CONFLICT OF INTEREST POLICY WERE GIVEN TO ALL STAFF AND BOARD MEMBERS. DISCLOSURES ARE MADE TO THE PRESIDENT OF THE BOARD. THE BOARD DECIDES WHETHER THE CONTEMPLATED TRANSACTIONS WILL BE ALLOWED OR NOT. |
| Form 990, Part VI, Line 19 Required documents available to the public | THE ORGANIZATION'S GOVERNING DOCUMENTS AND FINANCIAL STATEMENTS ARE NOT AVAILABLE TO THE PUBLIC. |
| Form 990, Part VII, Section A, Line 1a, Column (F) | UP TO 79% OF "OTHER COMPENSATION" REPRESENTS THE COST OF HEALTH INSURANCE PREMIUMS, WHICH HAVE MORE THAN DOUBLED SINCE PASSAGE OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT. |
| Form 990, Part VIII, Line 11d Other Miscellaneous Revenue | MISC REVENUE - Total Revenue: 176, Related or Exempt Function Revenue: , Unrelated Business Revenue: , Revenue Excluded from Tax Under Sections 512, 513, or 514: 176; |
| Software ID: | 23017437 |
| Software Version: | 2023v5.1 |