The 1984 Nonprofit Counsel Summaries
January 1984
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SBA: Nonprofits Are Unfairly Competing With Small Business
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Exempt Organizations: When Can they Be General Partners in Limited Partnerships?
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Last-Minute Lobbying Against Deduction Tables Fails
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House Subcommittee Reviews Research Tax Rules
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Tax Status of Jewish Organizations Challenged [Khalef et al. v. Regan]
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Tax Court Frustrated Over "Church" Abuse Cases [Miedaner v. Commissioner]
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IRS Recognizes New Criteria for Exempt Hospitals [Rev. Rul. 83-157]
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Government Payments Can Enhance or Jeopardize "Public Charity" Status [Rev. Rul. 83-153]
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IRS Issues Dangerous Ruling [Rev. Rul. 83-166]
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Ways and Means Committee Explores Revisions of Capital Gains/Losses Treatment
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IRS Allows Estate Tax Deduction for Gift of Optional Interest in Residence [Rev. Rul. 83-158]
February 1984
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IRS Hearing Held on New Discount and Income Factors
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Form 990 Advisory Committee Formed
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Historic Preservation Council Reports
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Tax Avoidance Advice Thwarts Exemption [National Association of American Churches v. Commissioner]
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Gifts of Rights to Services Are Deductible [Rev. Rul. 84-1]
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1984: Difficult Year for Tax Changes
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Cooperative Hospital Service Organization Regs Proposed
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Ruling Requests Rules Revised [Rev. Proc. 84-1]
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Two-Tiered Pricing Systems Do Not Preclude Exemption
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Tax Court: Inurement Can Be Of Gross Earnings As Well As Net [People of God Community v. Commissioner]
March 1984
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990 Advisory Board
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Internal Funds Offer Fund Raising Opportunities [American Bar Association v. United States]
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UBI Partnership Rules Reaffirmed [Service Bolt and Nut Co. Profit Sharing Trust v. Commissioner]
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Church-Related Organizations Now Exempt From Filing [Notice 84-2]
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Expenses of Child's Missionary Work Held Deductible Gifts [White v. United States]
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Hearing Held on Land Gift Bill
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IRS Rules That Unrelated Debt-Financed Property Exemption Available for Rented Property [TAM 8246006]
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Conable to Retire
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Tax Preferences for "Formal" Educational Institutions
April 1984
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Tax Bills on Course
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Fund Raising/Business Ventures Distinctions Outlined [American Bar Endowment v. United States]
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Private Foundation Regs Issued
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Interest-Free Loans Held Taxable [Dickman v. Commissioner]
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Sister's Wages Held Taxable [Samson v. United States]
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Ministers Housing Allowance Limited [Reed v. Commissioner]
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No Declaratory Judgment Jurisdiction Where No Final Adverse Determination [AHW Corporation v. Commissioner]
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UBI Partnership Rule Upheld [Service Bolt and Nut Co. Profit Sharing Trust v. Commissioner]
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Government Wins "Tax Shelter" Case [Anselmo v. Commissioner]
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Deduction for Remainder Gift Upheld Despite Election Against Will [First National Bank of Fayetteville, Arkansas v. United States]
May 1984
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House and Senate Pass Tax Bills, Depart for Easter Recess
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Church Auxiliary Rules Upheld [Lutheran Social Service of Minnesota v. United States]
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Expenses of Alumni Association's Travel Tours Held Nondeductible [Rev. Rul. 84-55]
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Proposed Trust Reformation Rules: A Summary
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Exempt Organizations in Partnerships: Applicability of Sale-Leaseback Rules
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House Committee Acts to Expand Tax Revisions
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Tax Exemption Upheld in Face of Claims of Commerciality and Private Benefits [Alive Fellowship of Harmonious Living v. Commissioner]
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Change in Annual Accounting Period Is Automatic [IR 84-54]
June 1984
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IRS Rules Sweepstakes Gifts Deductible
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Tax Reform Efforts Launched
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Higher Education Wins Major UBI Cost Allocation Case [Rensselaer Polytechnic Institute v. Commissioner]
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Final Split-Interest Gift Tables, Regulations Published
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IRS Concedes Expanded Deduction for Expenses for Charity [Rockefeller v. Commissioner]
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OMB Issues Guidelines Concerning "Lobbying"
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Pre-1969 Trust Held Not Foundation But Grandfathered Split-Interest Trust [Hammond v. United States]
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Final Regulations on Copyrighted Gifts of Art Issued
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IRS Issues Interest-Free Loan Tables
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Marital Deduction Regulations Proposed
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Charitable Deduction Rules May Be Revised
July 1984
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Tax Legislation Finalized in Conference
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New Exemption Ruling Procedures Published [Rev. Proc. 84-46]
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AAFRC Giving Data for 1983 Published
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990 Advisory Committee Meets Again
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Nonsubstantive Amendments Disregarded for 15-Month Rule Purpose, Says IRS [Rev. Proc. 84-47]
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Status of Regulation Projects
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Fund Raising and Defamation -- An Update [National Foundation for Cancer Research et al. v. Newsweek, Inc. and Quinn]
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IRS Rules Volunteers Liable for Tax Penalty [Rev. Rul. 84-83]
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Estate Owes Interest Despite Total Passage to Charity [Oxford Orphanage, Inc. v. United States]
August 1984
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Rebuttable Fund Raising Cost Percentage Held Unconstitutional [Secretary of State of Maryland v. Joseph H. Munson Co., Inc.]
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National Membership Organization Ordered to Admit Women [Roberts, Acting Commissioner, Minnesota, Department of Human Rights v. United States Jaycees]
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Racial Discrimination Suit Dismissed for Lack of Standing [Allen v. Wright, Regan v. Wright]
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IRS Liberalizes Inventory Gift Rule
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Mortmain Law Fails to Defeat Charitable Deduction [Rev. rul. 84-97]
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IRS Allowed to Allocate Charitable Deduction [Dolese v. Commissioner]
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Expenses of Child's Missionary Work Held Non-Deductible Gifts [Brinley v. Commissioner]
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When Are Fund-Raising Costs "High"?
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Sale-Leaseback Rules/Partnership Problem Rectified
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Public Cemetery Found Charitable [Mellon Bank v. United States]
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Forthcoming Hearings
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Illinois Action Expands Fund-Raising Regulation
September 1984
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1984 Act Revises Many Aspects of Exempt Organizations Law
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Tax Reforms Loom
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Distinguishing Between Business Expenses and Charitable Gifts [Rev. Rul. 84-110]
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IRS Proposes Foundation Reporting Rules
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Transfer of Notes Held Self-Dealing [Gershman v. Commissioner]
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Tax Court Continues to Find Church Abuses ... [Church of Ethereal Joy v. Commissioner]
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With D.C. Federal Court Not Far Behind [Freedom Church of Revelation v. United States]
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"Operating Educational Organization" Defined by Tax Court [Estate of Ethel P. Green v. Commissioner]
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Excess Business Holdings Guidelines Announced by IRS [Ann. 84-81]
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New Foundation: Governmental or Private Body?
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Form Published for Social Security Tax Exemption [Form 8724]
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Tax Court: Carpet Installation/Fund-Raising Bars Exemption [Self-Realization Brotherhood, Inc. v. Commissioner]
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Recreational Activities Preclude Exemption for "Bus Ministry" [Retreat in Motion, Inc. v. Commissioner]
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Tax-Exempts and the ITC
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Pre-1982 Remainder Trust Annuities Held Ineligible for Marital Deduction [Leach Estate v. Commissioner]
October 1984
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Success Does Not Mean Loss of Tax Exemption [Presbyterian and Reformed Publishing Co. v. Commissioner]
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Advertising Income Held Related Revenue [The American College of Physicians v. United States]
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IRS Issues Temporary Tax Shelter Regulations
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Doctrine of Election Bars Gift Deduction Limitation Reversal [Grynberg v. Commissioner]
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Tuition Aid, Legal Services Benefits May Continue
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"Church By Mail" Refused Exemption [Church By Mail, Inc. v. Commissioner]
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Slit-Interest Trusts Rules Issues
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IRS: No Deduction Where Ticket Privileges Received [Rev. Rul. 84-132]
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Hearing Held on Charitable Deduction Permanence
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Church of Scientology Exemption Revocation Upheld [Church of Scientology of California v. Commissioner]
November 1984
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98th Congress Adjourns, Both Passes and Leaves Tax Legislation
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IRS Clarifies Gift Deduction Rules for Veterans' Organizations [Rev. Rul. 84-140]
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More on Church of Scientology Exemption Revocation
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IRS Revises Application for Recognition of Tax-Exempt Status (Form 1023)
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Regulatory Miscellany
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Update on Tax Shelter Rules
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FASB Fund-Raising Cost Proposal May Be Imminent
December 1984
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FASB Issues Proposed Joint Costs Guidelines
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Tax Topics for Donors
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Church's Medical Aid Plan Held Exempt Function [Bethel Conservative Mennonite Church v. Commissioner]
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Estate Charitable Deductions Denied Under "Implied Repeal" Doctrine [Estate of Flanigan v. Commissioner]
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Foundation Held To Not Satisfy Termination Requirements [Gladney v. Commissioner]
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Gift Annuity Tables Revised
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Christmas Card Fund Raising Not Taxable [Veterans of Foreign Wars of the U.S., Department of Missouri, Inc. v. United States]
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Planned Gifts: Which Ones?
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$322 Billion in Tax Expenditures Tallied