ABA Exempt Organizations Committee Meeting – September 20, 2013

  I had the pleasure of attending the American Bar Association Exempt Organizations Committee Meeting yesterday (chaired by Robert Wexler of Adler & Colvin) and seeing many of the most respected attorneys working with nonprofits from throughout the country. Here are a few takeaways: Some applicants for 501(c)(3) status are getting exempt status revoked before […]

2009 Western Conference on Tax-Exempt Organizations – Day Two

Day Two of the WCTEO began with EO attorney Bruce Hopkins delivering his always informative and entertaining program on new developments over the past year, focusing particularly on private letter rulings (PLRs).  Here are some of the notable PLRs: Denying recognition of exemption under 501(c)(3) because of operation in substantially commercial manner:  200944053 Denying recognition of […]

Senate Passes Tax Relief Act of 2005

The Senate passed the Tax Relief Act of 2005, with certain amendments, by a vote of 64 to 33 early this morning.  The two California Senators were split; Sen. Diane Feinstein voted in favor of passage and Sen. Barbara Boxer voted against it. The following provisions are covered by the bill: IRA charitable rollover Non-itemizer […]

Fiscal Sponsorship and Films

Filmmakers who seek philanthropic or public funding to support their works may be considering fiscal sponsorship as a vehicle for obtaining such funding. And fiscal sponsorship can be of great value to a filmmaker. But it’s also a misunderstood and widely misapplied area of law that can create risks for filmmakers and their fiscal sponsors. […]

Can a Nonprofit Own a For-Profit? Can a For-Profit Own a Nonprofit?

The quick and admittedly general answers (because there are exceptions) are: (1) yes, a nonprofit can own a for-profit; and (2) no, a for-profit cannot own a nonprofit, but it can select all of the nonprofit’s board members and thereby largely control the nonprofit. Can a Nonprofit Own a For-Profit? A nonprofit can own all […]

Grantmaking by Public Charities

Despite many people’s belief that grantmaking is restricted to entities known as foundations, public charities can and many do engage in grantmaking. This post focuses on grantmaking by public charities and generally does not address the more restrictive rules applicable to private foundations. Terminology Part of the confusion lies with how we colloquially refer to […]

WCTEO 2018 Highlights

The 2018 Western Conference on Tax Exempt Organizations (WCTEO) is currently taking place in Los Angeles. Here are some selected running highlights. Washington Updates IRS 2018-2019 Priority Guidance Plan – Implementation of the Tax Cuts and Jobs Act (Items 21, 34, 39, 40, 58); Exempt Organizations (pp. 16-17); General Tax Issues (Item 11) Average processing time of exemption […]

Nonprofit Tweets of the Week – 11/23/18

Stay informed of the week’s notable events and shared resources with this curated list of Nonprofit Tweets of the Week. Notable Events of the Week: “The federal government on Friday released a long-awaited report with an unmistakable message: The impacts of climate change, from deadly wildfires to increasingly debilitating hurricanes and heat waves, are already […]

Lawyers as Social Innovators: Guest Lecture 2018

Earlier today I had the wonderful opportunity to guest lecture at Scott Curran‘s  Lawyers as Social Innovators class at Chicago-Kent College of Law at the Illinois Institute of Technology. Here are my notes for the class: Introduction – Nonprofit Law On one side of the street you see: a theatre, a clothing store, a restaurant, a […]