Take Away Harvard’s Nonprofit Status
nymag.com
nymag.com
If the problem is "hoarding," then why have a fixed amount at all. Why not 1 year of operating expenses? That would encourage all educational institutions to spend more every year on ongoing expenses (like research).
I think somewhere in the neighbor hood of 20 years worth of expenses would be more reasonable. (Assuming a conservative 5% return on investment, the endowment would not be taxed on capital required to generate 1 year of operating expenses in income each year.)
Alternatively, perhaps a tax could be levied only on any income to the endowment beyond 1 year's worth of operating expenses.
The more interesting argument is about what organizational traits our government should require in order to be blessed with special treatment.
That's ludicrous. The hubristic desire to control others is extreme progressivism's worst attribute.
Essentially, to be a non-profit all you need is have a purpose other than profits and use your income to further that purpose. The purpose made to increase the profits of businesses in a certain industry and you still qualify. There's nothing in the definition that say "you must be good, benevolent and not greedy", all you need is purpose.
See: http://en.wikipedia.org/wiki/Nonprofit_organization etc.
OTOH, most people when they talk about "non-profit status" and, particularly, taking it away, are actually talking about "status as a 501(c)(3) non-profit charity to whom donations are tax deductible as well as the charity's own income being untaxed". Either because the equate "non-profit" with the more specific type of non-profit, or because they are talking about the specific non-profit status of a named institution that happens to be a 501(c)(3), so that referring to that particular institution's non-profit status (rather than non-profit status in general) is a reference to status as a 501(c)(3) specifically.
As Harvard University is a 501(c)(3), this clearly applies in this specific case. Context matters.