The 1985 Nonprofit Counsel Summaries
January 1985
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College and University Athletic Scholarship Program Hearings: A Perspective
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Tax Reform Proposals Would Curb Charitable Giving
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Soliciting Charitable Organizations: Are You "Endorsed" in LA?
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IRS Issues Property Gift Substantiation and Appraisal Rules
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Packwood Selected as Next Finance Committee Chairman; Says He Likes Present Tax Laws
February 1985
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Appraisal, Return Requirements Regs Issued and Proposed
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Charitable Gift Substantiation Regs Issued
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Gifts of Stock — When Made? [Richardson v. Commissioner]
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Home Office Deduction for College Professors [Weissman v. Commissioner]
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IRS Publishes Criteria on Lessening Government Burdens [Rev. Ruls. 85-1, 85-2]
March 1985
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Tax Reform On Fast Track; Impact on Charitable Deduction Debated
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Court Finds Percentage Cap on Solicitor's Compensation Constitutional [Commonwealth of Massachusetts v. OSC Corporation et al.]
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Ruling Issued Concerning Gifts of Inventory [Rev. Rul. 85-8]
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FY 1986 Tax Expenditures Unveiled
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House Ways and Means Committee Alters Subcommittee Chairs
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Denial of Tax Exemption to Alleged Church Held Constitutional [New Concordia Bible Church v. Commissioner]
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Referral Service Held Charitable [Fraternal Medical Specialist Services, Inc. v. Commissioner]
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Finance Committee Organizes
April 1985
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Church Audit Proposed Rules Issued
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Tax Reform: Where Things Stand
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Finance Committee Selects Subcommittee Members
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No Deduction for Contingent Remainder Interest [Rev. Rul. 85-23]
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IRS Imposing Stringent Criteria For Scholarship Programs
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Tax Court Will Not Consolidate Declaratory Judgment, Deficiency Cases [Centre for International Understanding v. Commissioner]
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Book Plan Gift Deduction Upheld But Trimmed [Skripak v. Commissioner]
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Windfall Profit Tax Exemptions Regulations Proposed
May 1985
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Foundation Investment Income Tax Scope Curbed [Zemurray Foundation v. United States]
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Nonprofits and Use of Subsidiaries
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Cemetery Associations Held Not Charitable [Smith v. United States]
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Estate's Income Tax Charitable Deduction Not Determined Via "Interrelated Computations" Method
[Hartwick College v. United States] -
Unrelated Income Tax Deductions Denied For Lack of Substantiation [CORE Special Purpose Fund v. Commissioner]
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Religious Organization Denied Exemption For Failure of Organizational Test and to Provide Information to IRS [Chief Steward of the Ecumenical Temples and Worldwide Peace Movement and His Successors v. Commissioner]
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Challenge to Tax-Exempt Status of Jewish Organization Fails [Khalef et al. v. Regan et al.]
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Technical Corrections Act of 1985 Introduced
June 1985
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President Unveils Tax Reform Package
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Legislation For Fraternity, Sorority Exemption Introduced
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990-PF Introduces Complex Grant Reporting, Allocation Requirements
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Supreme Court Finds Religious Organization Engaged in Commercial Activities
[Tony and Susan Alamo Foundation v. Secretary of Labor] -
IRS Says Charities Not Exempt From Lottery Withholding Requirements [Rev. Rul. 85-46]
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Some Courts Tough on Commerciality by Nonprofits
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IRS Clarifies Foundation Insurance, Indemnification Rules [PLRs 8202082, 8503098]
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Annuity Interests Held to Qualify for Charitable Deduction [Rev. Rul. 85-49]
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Government Wins "Tax Shelter" Gift Case on Appeal [Anselmo v. Commissioner]
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Tax Court Taxes Nun on Payments Despite Vow of Poverty [Schuster v. Commissioner]
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Appeals Court Upholds Convictions For Abusive Use of "Personal Churches" [United States v. Daly]
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Rule Denying Charitable Deduction for Gifts of Services Upheld [Grant v. Commissioner]
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IRS Differentiates Between Group and Consolidated Returns [TAM 8514001]
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Appeals Court Invalidates Part of "Integrated Auxiliary" Regulations [Lutheran Social Services of Minnesota v. United States]
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Final Regs Issued on Public Access to Exempt Organization Returns
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Appeals Court: Tax-Sheltered Annuities Must be Purchased From Insurance Companies [Corbin v. United States]
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Pooled Income Funds Sample Provisions Broadened Concerning Alternative Remaindermen [Rev. Rul. 85-57]
July 1985
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Standing Again Found in Catholic Church Exemption Challenge Case [Abortion Rights Mobilization, Inc. v. Regan]
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Tax Reform Hearings Well Underway; Charities to Testify July 8
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Child Care Facility Held to be Integrated Auxiliary of Church [Tennessee Baptist Children's Homes, Inc. v. United States]
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IRS Says Nonindividuals May Donate to Pooled Income Funds [Rev. Rul. 85-69]
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Group Insurance Dividends Held Not Unrelated Income [American Bar Endowment v. United States]
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Cemetery Denied Charitable Status on Appeal [Mellon Bank v. United States]
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Studies on Competition Offer Contrasts
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Science Fiction Convention Group Held Too Social to be Exempt [St. Louis Science Fiction Limited v. Commissioner]
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Judicial Humor
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Treasury Says Witchcraft Can Be Religious
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Spate of Valuation Cases Reflect Growing Problem
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Prohibitions on Solicitations By Law Enforcement Personnel Upheld [State of Maine v. Maine State Troopers Association]
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Ruling Required for Exempt Operating Foundation Status [Ann. 85-88]
August 1985
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Competition Coalition Unveils Legislative Strategy
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Proposed and Temporary Regulations for Exempt Entity Leasing Rules Unveiled
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Foundation Tax Regulation Upheld [Greenacre Foundation v. United States]
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Religious Order Held Nontaxable on Farming Income Because Members Are Uncompensated [St. Joseph Farms of Indiana Brothers of the Congregation of Holy Cross, Southeast Province, Inc. v. Commissioner]
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Organization Terminating Private Foundation Status Permitted to Elect Lobbying Guidelines [PLR 8521075]
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Supreme Court to Review Advertising Income Case [The American College of Physicians v. United States]
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Charities Testify on Tax Reform Before House Ways and Means Committee
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Exempt Organization Permitted to Engage in Joint Venture With For-Profit Corporation [PLR 8521055]
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IRS Extends Interest and Property Tax Deductions for Ministers [Rev. Rul. 85-96]
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Final Regulations Issued Concerning Federal Grants and Scholarships
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Pre-1969 Trust Held Not Foundation But Grandfathered Split-Interest Trust [Hammond v. United States]
September 1985
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Latest IRS Ruling Delineates Exempt Organization/Partnership Rules
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GAO Chastises IRS on UBI Collections
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Tax Reform: Its Impact on 401(k), 403(b), and Deferred Compensation Plans
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Gift Valuation Must Account for Restrictive Covenant [Rev. Rul. 85-99]
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Autos and Other Fringe Benefits: A Summary of New Rules [Ann. 85-113]
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Associations: Watch Out for "Soft Money" Political Expenditures
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Residuary Trust Reformed Under TRA 1984 Rules [Estate of Eaton]
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Joint Committee Staff Issues Minimum Tax, Deferred Compensation Pamphlets
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"Spinology" Organization Denied Exempt Status as Religious Entity [Triune of Life Church, Inc. v. Commissioner]
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IRS Issues Rulings on Hospital Testing Services [Rev. Ruls. 85-110, 85-109]
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Tax Reform Update
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Tax Considerations For Individual Donors
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IRS Develops Criteria For Research Programs
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Joint Committee on Taxation Staff Issues Tax Compliance Pamphlet
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1986 CFC Rules On the Way; Based on Supreme Court Decision
October 1985
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Is Tax Reform Dead For 1985?
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Latest IRS Private Ruling Illustrates Creative Use of Pooled Income Fund [PLR 8535048]
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Arts Groups: When Do Sales Cause Loss of Exemption?
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Tax Court Finds Fraud in Establishment of "Church" [Butler v. Commissioner]
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Foundation's Interest in Parking Facility Held Not Excess Holding [PLR 8528095]
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Using Subsidiaries: Case Studies [PLRs 8530132, 8531073]
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Oregon Adopts Revised Solicitation Act
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One Distribution Held to Produce Both Estate and Income Tax Deductions [United States Trust Co. v. United States]
November 1985
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Ways and Means Committee Votes to Retain Nonitemizers Charitable Deduction
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State Supreme Court Holds Contemporary Nonprofit Hospital Not "Charitable"; Sees "Medical-Industrial Complex" [Utah County v. Intermountain Health Care, Inc.]
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Maryland Enacts New Solicitation Act: May Be Prototype For Other States
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Partial Draft of Prototype State Solicitation Act Now Available for Review and Comment
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Construction Projects Loan Program Held Not Self-Dealing [Rev. Rul. 85-162]
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Dissolution Requirements Not Satisfied by Foundation Rules Compliance [Rev. Rul. 85-160]
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Courts Continue to be Tough on Unrelated Income Deductions
December 1985
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Claims Court Finds Contracts Involve Scientific Research [IIT Research Institute v. United States]
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Ways and Means Finishes Tax Package
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Court Rejects IRS Position on Employer-Related Grant Programs [Beneficial Foundation, Inc. v. United States]
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IRS Rules on Gift of Joint Venture Interest to Remainder Trust [PLR 8536061]
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"Soft Money" Political Expenditures: Amplification of Earlier Analysis [see September 1985 issue]
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Foundation Scholarships Found Discriminatory [Rev. Rul. 85-175]
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IRS Rules on Exemption Application Filing Exception [Rev. Rul. 85-173]
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Estate Does Not Owe Interest Because of Retroactive Passage to Charity [Oxford Orphanage, Inc. v. United States]