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The 1998 Nonprofit Counsel Summaries

January 1998

  • UCC Case Finally Decided: Fund-Raising Company Held to be Insider, Private Inurement Found [United Cancer Council, Inc. v. Commissioner; but see April 1999 issue]

  • IRS Provides Relief For Certain Charitable Remainder Trusts [Notice 97-68]

  • Charitable Deduction Denied for Noncompliance With Appraisal Rules [Hewitt v. Commissioner]

  • Social Welfare Organizations and Political Organizations: A Commentary

February 1998

  • Associate Member Dues Held Taxable [TAM 9751001]

  • Reorganization Preserves Exemptions, Avoids Unrelated Income Taxation [PLR 9751020]

  • IRS Approves Consolidation of Exempt, Non-Exempt Entities [PLR 9750056]

  • IRS Issues Inflation Adjusted Items For 1998 [Rev. Proc. 97-57]

  • Joint Committee Staff Estimates Tax Expenditures [JCS-22-97]

March 1998

  • Private Inurement Not Found In Case of Insider Theft [Variety Club Tent No. 6 Charities, Inc. v. Commissioner]

  • Interfund Transfers Held Not Deductible in Computing UBTI [Women of the Motion Picture Industry v. Commissioner]

  • IRS Issues 1998 Procedural Rules

  • Documents As To Exempt Status Held Properly Withheld By IRS [Lehrfeld v. Richardson]

April 1998

  • Whole Hospital Joint Venture Ruling Issed [rev. Rul. 98-15]

  • Private Foundation's Grant to Donor-Advised Fund Approved [PLR 9807030]

  • Hospital-Sponsored Fitness Center Retains Exemption [TAM 9803001]

  • Executive's Overnight Stay at Foundation's Facilities Not Self-Dealing [PLR 9805021]

May 1998

  • The Whole-Hospital Joint Venture Ruling: Summary and Analysis [Rev. Rul. 98-15]

  • IRS Finds Violation of Rule Banning Political Campaign Activity [TAM 9812001]

  • IRS Issues Guidance on Gain Taxation From Remainder Trusts [Notice 98-20]

  • IRS Survey of Exempt Organization Practitioners Underway

June 1998

  • Where We Are: A Survey of Pending and Impending Developments

  • Travel and Tour Activities Proposed Regs Issued

  • IRS Finds Royalty Payments in Sublicensing Context [PLR 9816027]

  • Reasonableness of Compensation: An Important Case Plods Along [Leonard Pipeline Contractors, Ltd. v. Commissioner]

July 1998

  • Charitable Giving Data for 1997 Released

  • Grant That May Enhance Disqualified Person's Property Value Held Not Self-Dealing [PLR 9819045]

  • Retirement Proceeds to Charity Are Deductible and Are Income In Respect of a Decedent [PLR 9818009]

  • Gifts to Social Club Held Eligible for Gift Tax Annual Exclusion [PLR 9818042]

  • Gains From Sales of Timber Interests by Foundation Ruled Not Taxable [PLR 9815056]

August 1998

  • Be On Lookout for Intermediate Sanctions, Form 990 Dissemination, and Other Regulations

  • Religious Liberty and Charitable Donation Protection Act Becomes Law

  • Rental of Storage Facilities Held Unrelated Business [TAM 9821067]

  • Educational Organization Held Able to Sell Materials in Related Business [PLR 9821063]

  • Organization Conducting Contests Held to Receive Related Income, Excludable Rent, and Royalty Income [PLR 9821049]

  • Charitable Deduction for Debt Forgiveness Fails Because of Inadequacy of Underlying Obligation [Bond v. United States]

  • Private Foundations: Two Media Views

September 1998

  • Intermediate Sanctions Proposed Regulations Issued

  • Tax Court Finds Private Inurement in Hospital Assets Sale Case [Anclote Psychiatric Center, Inc. v. Commissioner]

  • IRS Restructuring Bill Signed Into Law

  • Education Savings Legislation Vetoed

October 1998

  • Intermediate Sanctions Proposed Regs: Impact on Health Care Organizations

  • Intermediate Sanctions Proposed Regs: Impact on Fund-Raising

  • Proposed Regulations Concerning State Tuition Programs Issued

  • The Religious Liberty and Charitable Donation Protection Act

November 1998

  • House Passes Tax Bill

  • Senate Committee Directs IRS to review Exemption for Fitness Organizations

  • Intermediate Sanctions Proposed Regs: The Rebuttable Presumption of Reasonableness

  • IRS Rules on Deductibility of Property Given Subject to Option [TAM 9828001]

  • Utah Charitable Solicitation Act Upheld Against Constitutional Law Challenge [American Target Advertising, Inc. v. Giani]

  • Distribution of Tickets to Shareholders Held Not to Be Private Inurement [TAM 9835001]

  • Changes in Activities Did Not Cause Loss of Exemption [TAM 9835003]

December 1998

  • 105th Congress Passes Tax Legislation, Adjourns

  • Intermediate Sanctions Proposed Regs: Is IRS Overreaching?

  • Intermediate Sanctions Proposed Regs: Some Deficiencies

  • Retirement Proceeds to Foundation Not Taxable as Investment Income [PLR 9838028]

  • Health Care Joint Venture Held to be Related Activity [PLR 9839039]

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