Perhaps the most important modern institution in the field of group power-and it contrasts dramatically with Maitland's picture of clubs, religious associations, and charities preferring the hedge of the trust and the anonymity of unincorporated status- is the "foundation" which flourishes in contemporary America.
The foundation is largely an American creation. No doubt the accumulation of vast wealth was one reason for its rise; another-at least in the days when Carnegie, Rockefeller, and others perpetuated their names through their now world famous bequests-was unquestionably a desire of wealthy and successful men to purge their consciences before God and man and to justify the acquisitive society which had enabled them to accumulate enormous riches by leaving a vast proportion of their wealth for the benefit of mankind.6 But in recent years these reasons for the earlier foundations have become less important, and the incorporated foundation or trust has become predominantly a business device, a paramount instrument in the struggle between the demands of the modern Welfare State and the wish of the individual entrepreneur to perpetuate his fortune and his name. The greatest and most influential of the foundations (Ford, Rockefeller, Carnegie) are the creations of individuals or families, but the large foundations of the future will increasingly be the creations of corporations. The desires to give and to perpetuate the name of the individual or corporate donor are undoubtedly still important motivations, but the immense growth in the number and size of foundations in recent years7 suggests that business considerations play an increasing role. By either bequeathing or giving during his lifetime a proportion of his estate to a permanent institution established for officially recognized charitable purposes, the donor, usually the controller of an industrial or business empire,8 achieves a number of purposes.9 In the United States gifts to such organizations are exempt from gift taxes, and bequests to them are deductible for estate tax purposes. The organizations themselves are normally exempt from income tax, property tax, and other taxes. A charitable gift intervivos is an allowable deduction from the taxable income of the donor.10 The absence of the latter privilege in English law may be one reason why incorporated charities are not so widespread in Britain (apart, of course, from the vastly greater capital wealth of United States business). Otherwise, motivations for the establishment of charitable companies are very similar." The arithmetics of these benefits vary from year to year and are, of course, subject to legislative changes. Unless, however, there were to be a fundamental change in legislation in regard to charitable gifts,12 the advantages of transferring both capital and annual income away from the personal estate of a taxpayer in the high income brackets or away from a corporation are very considerable.13 But in the age of the managerial revolution and the Welfare State, a motive at least equal to that of providing a suitable mechanism for philanthropy and a tax free reservoir for an otherwise highly taxable income is the power which the foundation gives to the controller of a business or industry to perpetuate his control.14
Friedmann, W. G. (1957). Corporate power, government by private groups, and the law. Columbia Law Review, 57(2), 155-186.
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