The 2002 Nonprofit Counsel Summaries
January 2002
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Terrorist Attack Victims' Assistance Hindered by Misinformation as to Charities' Permissible Efforts
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Senate Passes Terrorism Tax Relief Legislation [H.R. 2884]
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Income Interest in Charitable Remainder Trust Held to be Property of Bankruptcy Estate [In re Jeffrey Charles Mack]
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IRS Rules That Utility Services Are Excludible Rental Income, Flowing Through Joint Ventures [PLR 200147058]
February 2002
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Congress Passes Antiterrorism Legislation, Provides Standards For Aid to Terrorism Victims
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IRS Issues Exempt Organizations FY 2002 Implementing Guidelines
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2002 Inflation Adjustments Issued [Rev. Proc. 2001-59]
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More Bizarre Doings at the IRS in the Field
March 2002
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IRS Issues Final Intermediate Sanctions Regulations [T.D. 8978]
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Charity Permitted to Administer PAC Payroll Deduction Plan [PLR 200151060]
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Cemetery Association Ruled Able to Utilize For-Profit Subsidiary For Pet Cemetery [PLR 200152048]
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Arts District Ruled to be Political Subdivision For Gift Deduction Purposes [PLR 200151015]
April 2002
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Supreme Court Hears Door-to-Door Solicitation Case [Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton]
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Tax Court Concludes Individual Was Not a Substantial Contributor [Graham v. Commissioner]
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Facilitation of Public Transportation Ruled TO Be a Charitable Activity [PLR 200204051]
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Court Upholds Deduction Denial for Value of Tuition Payments to Religious Schools [Sklar v. Commissioner]
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FTC Issues Telemarketing Proposal Covering Charitable Solicitations
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BBB Wise Giving Allowance Issues Draft Standards for Accountability
June 2002
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Corporate Sponsorship Regulations Issued in Final Form [T.D. 8991]
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IRS Information Letter States Criteria for Incentive Compensation [INF
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2002-0021]
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Court Strikes Down Sales and Use Tax Exemptions for Religion [American Civil Liberties Union Foundation v. Crawford]
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Court Holds Social Club Not Exempt Because of Nature of Funding [The Skillman Family Reunion Fund, Inc. v. United States]
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House Passes Legislation to Save Parsonage Allowance
July 2002
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First Intermediate Sanctions Case Decided; Imposition of Penalties Upheld [Caracci v. Commissioner]
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House Subcommittee Holds Hearing on Churches and Political Involvement [H.R. 2357, H.R. 2931]
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IRS Contemplates Foundation Regulation Project Based on Intermediate Sanctions Rules [Ann. 2002-47]
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IRS Issues Guidance on Private Foundation Transfers to Other Private Foundations [Rev. Rul. 2002-28]
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IRS Rules Organization Exempt From Conversion Rule, Imposes Unnecessary Filing Requirement [PLR 200217044]
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Stock Contributed to Private Foundation Held Not TO Be Qualified Appreciated Stock, and Not Substantiated [Todd v. Commissioner]
August 2002
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District Court Rules in Favor of Hospital in Joint Venture Case [St. David's Health Care System, Inc. v. United States]
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GAO Critical of IRS Regulation of Charities
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Ninth Circuit: Pledge of Allegiance Unconstitutional, Because of "Under God" Reference [Newdow v. U.S. Congress]
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Business League Ruled Able to Sponsor Internet Domain in Furtherance of Exempt Purposes [PLR 200223067]
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Private School Voucher Plan Upheld as Constitutional [Zelman v. Simmons-Harris et al.]
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Charitable Giving in 2001 Was $212 Billion — An Adjusted Slight Decrease
September 2002
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Treasury, IRS Issue Priority Guidance Plan for 2002-2003
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Tax Court Zaps Charitable Split-Dollar Life Insurance Program, On Ground Of Failure to Meet Substantiation Requirements [Addis v. Commissioner]
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IRS Approves For-Profit Subsidiary To Maximize Web Site Business Value [PLR 200225046]
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IRS Rules That Expanded Work Program for Disabled is Related Business [PLR 200225044]
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IRS Rules That Museum Restaurant and Gift Shop Generally Related Businesses [PLR 200222030]
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IRS Issues Proposed Regs Concerning Deductible Transfers From Split-Interest Trusts
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Final Regs Issued Concerning Tax Year of Partnerships With Tax-Exempt Partners
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IRS Issues Revised Tax Guide for Religious Organizations and Clergy
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Courts Shut Down Tax Abuse of VEBAs [Neonatology Associates PA v. Commissioner]
October 2002
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Sarbanes-Oxley Act of 2002: What It Means for Nonprofit Organizations
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IRS Rules Favorably on Vehicle Donation Program [PLR 200230005]
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IRS Ruling Illustrates Calculation of Self-Dealing Taxes in Case of Multi-Year Loan to Disqualified Person [Rev. Rul. 2002-43]
November 2002
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IRS Contemplating Corporate Responsibility, Other Form 990 Changes
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IRS Reverses Course on Treatment of Income Received By Cooperative's Wholly Owned Subsidiary [Rev. Rul. 2002-55]
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IRS Employees Immune From Personal Liability for Tax-Exempt Organization Audit [Judicial Watch, Inc. v. Rossotti]
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Privilege Protects IRS Documents Concerning Denial of Tax-Exempt Status From Disclosure [Christian Coalition International v. United States]
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IRS Rulings Denying Tax-Exempt Status Not Disclosable [Tax Analysts v. Internal Revenue Service]
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Court Upholds, Voids Portions of Political Campaign Disclosure Legislation [National Federation of Republican Assemblies v. United States]
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New York Times and the Law of Charitable Assistance for Victims of Terrorism
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Memo to IRS: Please Consider Revision of Form Letter
December 2002
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IRS Issues First Intermediate Sanctions Tech Advice Memo [200243057]
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IRS Publishes FY 2003 Exempt Organizations CPE Text
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A Look At IRS's FY 2003 Implementing Guidelines
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Charitable Deduction Denied Because of Non-Compliant Trust [Estate of Atkinson v. Commissioner]
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IRS Issues Inflation Adjustments for 2003 [Rev. Proc. 2002-70]