The 2003 Nonprofit Counsel Summaries
January 2003
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Supreme Court to Review Major Fundraising Regulation Case [Ryan v. Telemarketing Associates, Inc.]
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IRS Rules on Vehicle Donation Program Issues [Rev. Rul. 2002-67]
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Political Organizations Notice and Reporting Requirements Eased [P.L. 107-276]
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Operational Test Said to Preclude exemption; Entity's Operations Same as Founder's [Salvation Navy, Inc. v. Commissioner]
February 2003
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Entity Failed to Qualify as Supporting Organization, Largely Because of Donor-Advised Fund Structure [Lapham Foundation, Inc. v. Commissioner]
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Entity Failed to Qualify as Supporting Organization, Largely Because of Defects in Administrative Record [Christie E. Cuddeback and Lucille M. Cuddeback Memorial Fund v. Commissioner]
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Charitable Bus Service Held to Not Confer Excess Benefits on Disqualified Persons [PLR 200247055]
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Corporate Restructuring and For-Profit Subsidiaries: Confusion Reigns (In Some Quarters)
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Tax Expenditure Estimates for 2003-2007 Released
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Still More Bizarre Doings At the IRS In The Field
March 2003
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IRS Rules Favorably as to Web Site Listings, Advertising, and Links [PLR 200303062]
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Appeals Court Rules That Allegedly Political IRS Audit Cannot be Enjoined [Judicial Watch, inc. v. Rossotti]
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IRS Issues Ruling on Transfer of All Foundation Assets to Public Charities [Rev. Rul. 2003-13]
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IRS Rules That Cooperative's Return to Exempt Status by Reason of Liquidation of Its Subsidiary Will Not Trigger Tax on Gain [PLR 200303051]
April 2003
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Senate Finance Committee Approves Massive Exempt Organizations, Charitable Giving Legislation [S. 476]
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IRS Finds Economic Hardship Plan For Company's Employees To Be Charitable [PLR 200307084]
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Another Intermediate Sanctions Court Case Emerges [Dzina v. United States]
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IRS Issues Ruling on Charitable Contributions of License to Use Patent [Rev. Rul. 2003-28]
May 2003
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Quick Guide to Senate Finance Committee-Passed CARE Act of 2003 [S. 476)
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Foundation's Education and Publication Programs Ruled Not Prohibited Self-Dealing Because Private Benefits Incidental [PLR 200309027]
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IRS Grants Discretionary Relief to Allow Higher Charitable Deductions for Contributions to Private Foundation [PLR 200311033]
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Tax Legislation Passes House [H.R. 1307, H.R. 1308]
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BBB Wise Giving Alliance Issues Standards for "Charitable Accountability"
June 2003
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Senate Passes CARE Act [S.476]
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Foundation Grants To Employees Who Are Disaster Victims Are Not Taxable Expenditures, IRS Rules [Rev. Rul. 2003-32]
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IRS Provides Best Guidance Yet on Personal Services Exception [PLR 200315031]
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Appellate Court Applies Multi-Factor Test to Find Unreasonable Compensation [Haffner's Service Stations, Inc. v. Commissioner]
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Newspaper Reports on Abuses of Exemption for Small Insurers [IRC sec. 501(c)(15)]
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Other Tax Legislation Under Consideration
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Charity and Schedule A
July 2003
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Congress Passes Tax Cut Legislation
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Supreme Court Holds That Fundraisers for Charities May Be Prosecuted for Consumer Fraud [Illinois ex rel. Madigan v. Telemarketing Associates, Inc.]
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IRS to Propose Rules Amplifying Commercial-Type Insurance Law [Notice 2003-31]
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IRS Issues Ruling on Reporting and Disclosure Requirements for Political Organizations [Rev. Rul. 2003-49]
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Court Holds Campaign Finance Law Largely Constitutional [McConnell v. Federal Election Commission]
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Court Voids Charitable Deduction Claimed by Noncitizen's Estate [Estate of Silver v. Commissioner]
August 2003
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IRS Exempt Organizations Advisory Committee Presented With Report on Abusive Tax Shelters
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Supreme Court Refuses to Exempt Nonprofit Corporations From Ban on Political Contributions [Federal Election Commission v. Beaumont]
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IRS Rules That Leasing Activity in Exempt Charitable Function [PLR 200314031]
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Appellate Court Holds That Limitation on VEBA Set-Asides Applies Only to Accumulations [Sherwin-Williams Co. Employee Health Plan Trust v. Commissioner]
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Regulations Issued Concerning Extensions of Time to File Returns [Reg. sec. 6081-9T]
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House Passes Taxpayer Protection and IRS Accountability Act [H.R. 1528]
September 2003
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IRS and Treasury Unveil 2003-2004 Priority Guidance Plan
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IRS Issues Favorable Technology Transfer Ruling [PLR 200326035]
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IRS Rules That Foundation's Securities Lending Collateral Not Included In Payout Calculation [PLR 200329049]
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IRS Issues Final Regulations Concerning Deductible Transfers From Split-Interest Trusts [T.D. 9068]
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IRS Permits Transfer of Interests In Pooled Income Fund From One Charity To Another Charity [PLR 200329031]
October 2003
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Charitable Giving Bill Headed for House Committee Mark-Up
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TIGTA Concludes IRS Can Improve Advance/Definitive Ruling Process
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IRS Publishes Unrelated Business Statistics
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IRS Publishes Split-Interest Trust Statistics
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Combined Trade Show Ruled Entitled to UBI Exception [PLRs 200333031-200333033]
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IRS Provides Prototype Charitable Remainder Annuity Trust Forms [Rev. Procs. 2003-53 through 2003-60]
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Sale of Property to Private Foundation Held Not Self-Dealing [PLR 200333030]
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Other Private Foundation Rulings [PLRs 200332019, 200326039, 200326040, 200332020, 200327060, INFO 2003-0116]
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Social Enterprise Study Published
November 2003
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House Passes Charitable Giving Act of 2003; Measure Headed for House-Senate Conference [H.R. 7]
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Tax Exemption Denied As Conference Center Held Operated in Commercial Manner [Airlie Foundation v. IRS]
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Charitable Grants Regarded As Investments Under Banking Laws Ruled to Not Constitute Excess Benefit Transactions
[PLR 200335037]
December 2003
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IRS Scrutinizing Nonprofit Consumer Credit Agencies
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IRS Publishes Helath Care Provider Legal Guide
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Foreign Farm Ruled to Qualify as Program-Related Investment [PLR 200343027]
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Sorting Out the Do-Not-Call Registry Controversy: The Pivotal Element of Charitable Fundraising
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IRS: More Bizarre Doings in the Field