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The 2008 Nonprofit Counsel Summaries

January 2008

  • House Passes Extenders Legislation [H.R. 3996]

  • IRS Launches Examination Program Concerning Charitable Contribution Scheme

  • Health Care Roundtable Discussion Held

  • Sen. Grassley Trains Attention on Evangelical Church Ministries

  • IRS Issues Proposed, Temporary Regulations on Submission of E-Postcard [REG-104942-07, T.D. 9366]

  • Sen. Grassley Touts His Achievements in Nonprofit Law

  • TE/GE Commissioner Speaks Out Again on Forces, Governance

  • Court Enjoins Enforcement of Down-Payment-Assistance Rule [AmeriDream, Inc. et al. v. Jackson]

  • Substantial Compliance Doctrine Held Inapplicable in CRT Context [Estate of Tamulis v. Commissioner]

February 2008

  • IRS Releases Redesigned Form 990 for 2008

  • IRS Issues FY 2008 Implementing Guidelines

  • TIGTA Pokes IRS About TEDS [2008-10-025]

  • Proposed Stock Redemptions Ruled Not Direct or Indirect Self-Dealing [PLR 200750020]

  • Court Voids Deductions for Failure to Comply with Appraisal, Reporting Rules [Smith v. Commissioner]

  • Charitable Sales Promotions and Year-End Giving

March 2008

  • Technical Corrections Act Signed Into Law [P.L. No. 110-172]

  • Summary of Redesigned Form 990

  • IRS Provides Transition Relief for Charitable Trusts That Lost SO III Status [Notice 2008-6]

  • Pressure Building on Endowment Payouts

  • IRS Issues Procedural Rules for 2008 [Rev. Procs. 2008-1 through 2008-9]

April 2008

  • Appeals Court Affirms Vision Service Plan Case [Vision Service Plan, Inc. v. United States]

  • IRS Outlines Exempt Organizations Complaint Process [FS-2008-13]

  • IRS Summarizes Examination, Compliance Check Processes [FS-2008-14]

  • Seller of Bluetooth Brand Held Not an Exempt Business League [Bluetooth SIG, Inc. v. United States]

  • Credit Counseling Organization Denied Tax Exemption [Solutions Plus, Inc. v. Commissioner]

  • CRS Updates Report on Political Organizations

  • IRS Updates Statistics on Tax-Exempt Organizations

  • IRS Updates Statistics on Private Foundations, Charitable Trusts

  • President's FY 2009 Proposed Budget Includes Tax Law Proposals

May 2008

  • IRS Jettisons Draft Governance Code; Ties Principles to Form 990

  • IRS Issues Final Private Inurement, Private Benefit, Intermediate Sanctions Regulations [T.D. 9390]

  • IRS Proposes Regulations Concerning Receipt of UBTI by Remainder Trusts [REG-127391-07]

  • TIGTA Concludes ROO Improvements Needed [2008-10-057]

  • Reasonable Compensation Case Litigation May Be Over [E. J. Harrison & Sons, Inc. v. Commissioner]

June 2008

  • Treasury, IRS Issue Update to 2007-2008 Priority Guidance Plan

  • Finance Committee Leadership Introduces Extenders Bill [S. 2886]

  • Exempt Organizations Division Director Issues Memorandum on Political Activities

  • IRS Issues Draft Form 990 Instructions -Part One

  • IRS Issues Final Regulations Concerning Information Returns Regarding Contributions of Intellectual Property [T.D. 9392]

  • Court Holds IRS Abused Discretion in Retroactively Revoking Exemption [Democratic Leadership Council, Inc. v. United States]

July 2008

  • Conservation Easement Deduction Provision Enacted Despite Veto [H.R. 2419]

  • House Passes Extenders Legislation [H.R. 6049]

  • Case Highlights Emerging IRS Stance on Exemption Qualification [Exploratory Research, Inc. v. Commissioner]

  • IRS Provides Additional Interim Guidance on Form 990-T Disclosure Rules [Notice 2008-49]

  • Intermediate Sanctions Taxes Ruled Taxes for Interest Accrual Purposes [CCAM 200819017]

  • IRS Issues Draft Form 990 Instructions -Part Two

  • Church Found To Not Violate Political Activities Rules Because of Obama Speech

  • TE/GE Commissioner Speaks Out (Again) on Goverance, IRS Operations

  • Court Rules on Deference Given to Revenue Procedures [Tualatin Valley Builders Supply, Inc. v. United States]

  • JCT Revising Approach on Tax Expenditures [JCX-37-08]

August 2008

  • IRS Issues Final Regulations Concerning Receipt of UBTI By Remainder Trusts [T.D. 9403]

  • NYT Takes Measure of Charitable Sector

  • IRS Rules Restructuring Plan Will Eliminate Excess Business Holdings [PLR 200825050]

  • Churches and Politics: New Developments

  • TIGTA Lightly Rebukes TE/GE Division on PACI [2008-10-117]

  • Millionaires' Amendment Ruled Unconstitutional [Davis v. FEC]

September 2008

  • Housing Legislation Bans Seller-Funded Down-Payment Assistance [H.R. 3221]

  • IRS Issues Ruling Concerning Division of Remainder Trusts [Rev. Rul. 2008-41]

  • IRS Rules Entity is a Social Welfare Organization, Not a Business League [TAM 200829029]

  • Stock Valuation for Charitable Deduction Held Inflated; Penalties Imposed [Bergquist v. Commissioner]

  • Efforts Underway to Change Fractional Interest Deduction Rules

  • IRS Issues New Statistics on Individual Noncash Contributions

October 2008

  • This Is the Ruling We Warned You About [PLR 200830028]

  • IRS Issues Package of Proposed Substantiation and Reporting Rules [REG-140029-07]

  • IRS Issues Instructions for Redesigned Form 990 [IR-2008-98]

  • IRS Memo Concerns Public Charity Political Activity on Internet

  • Guidelines Issued for Applications Submitted by Supporting Organizations with Donor-Advised Funds

  • Legislative Interest in Vehicle Use Deduction

November 2008

  • Treasury, IRS Issue 2008-2009 Priority Guidance Plan

  • IRS Issues Form 990 Implementing Regulations [T.D. 9423, REG-142333-07]

  • Down-Payment Assistance Case Filed in District Court [Family Home Providers, Inc. v. IRS]

  • Sen. Grassley Inquires Into Two University-Affiliated Hospitals

  • IRS Updates Its Tax Guide for Religious Organizations

  • Roundtable Discussion Held on Tuition and Endowment Payouts

December 2008

  • Tax Law Extenders Legislation Signed Into Law [H.R. 1424]

  • House Passes Charity Enhancement Act of 2008 [H.R. 7083]

  • College and University Compliance-Check Project is Underway [IR-2008-112; Form 14018]

  • GAO Responds to Sen. Grassley on Hospital Community Benefit Requirements [GAO-08-880]

  • IRS Issues Inflation Adjustments For 2009 [Rev. Proc. 2008-66]

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