The 2010 Nonprofit Counsel Summaries
January 2010
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Tax Court Denies Exemption to One-Director Charity [Ohio Disability Association v. Commissioner]
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Health Care System Reform Legislation Advances [H.R. 3962, 3950]
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Consumer Care Organization Ruled Not Exempt Due to Commerciality, Private Benefit [PLR 200944053]
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Board Member Compensation Ruled to Not Entail Inurement [PLR 200944055]
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Private Inurement Policy [id.]
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IRS Receives Comments on Proposed Church Tax Inquiry Rule
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Charitable Deduction Allowed for Scrip Rebate Amount [PLR 200945022]
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IRS Posts FAQs on Form 990, Schedules A, L
February 2010
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Treasury, IRS Issue 2009-2010 Priority Guidance Plan
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House Passes Tax Extenders Bill [H.R. 4213]
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Senate Passes Health Care System Reform Legislation [H.R. 3590]
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IRS Governance Project Check Sheet Issued [Form 14114]
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IRS Analyzes Code's Publication Requirements [PMTA 2009-155]
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Central Organizations Cannot Reinstate Subordinate's Revoked Exemption [PMTA 2009-156]
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Deductions Denied Apostolic Entity Because Member Not An Employee [Stahl v. United States]
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VEBA Developments [PLR 200950049; CNG Transmission Management VEBA v. United States]
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House Passes Estate Tax Legislation [H.R. 4154]
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Smithsonian and Governance -- An Update
March 2010
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Legislation Providing Accelerated Charitable Deduction for Haiti Relief Gifts Enacted [H.R. 4462]
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IRS Holds Hearing on Church Tax Inquiry Proposal
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AGB and NACUBO Publish "Parallel Analysis" of Data in College, University IRS Questionnaire Responses
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Court Upholds Bargain Sale Transaction Despite Government's Trio of Protests [Consolidated Investors Group v. Commissioner]
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Supreme Court Strikes Down Limits on Independent Political Expenditures by Corporations [Citizens United v. Federal Election Commission]
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IRS Issues Procedural Rules For 2010
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JCT Issues Tax Expenditures for 2009-2013 [JCS-1-10]
April 2010
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Form 990 for 2009
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RS Applies Social Club UBI Taxation Exception Rule [PLRs 201002043, 201003022]
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VEBA Allowed Nonspousal Domestic Partner Beneficiaries [PLR 200953029]
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Deliberative Process Privilege Applied In Charitable Deductions Case Discovery Process [Proctor & Gamble Co. and Subsidiaries v. United States]
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Private Foundations Corner [PLRs 200709065, 200951038, 201005054, 201006032]
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Higher Education Endowments Decline
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Corporate Independent Expenditures Decision Spawning Legislation
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Fiscal Responsibility and Reform Commission Established
May 2010
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Treasury, IRS Issue Update to Priority Guidance Plan
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Health Care System Reform Legislation Signed Into Law [Pub. L. Nos. 111-148, 111-151]
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Senate Passes Tax Extender Bill [H.R. 4213]
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TIGTA Chops TREES [2010-10-020]
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Again, IRS Overstates Its Cases in Denying Recognition of, Revoking Exemption [PLRs 201007060, 201007076, 201008050]
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Substantiation Failures Doom Charitable Deductions, Lead to Penalties [Friedman v. Commissioner]
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GAO Issues Report on College, University Endowments [GAO-10-393]
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ABA Tax Section Submits Comments on Program-Related Investments Rules
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AHA Asks IRS for Form 990, Schedule H Changes
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Charitable Relief for Earthquakes' Victims Provided by IRS, House [Notice 2010-26; H.R. 4783]
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State Supreme Court Denies Property Tax Exemption for Hospital [Provena Covenant Medical Center v. Department of Revenue]
June 2010
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Nonprofit Law Perspective on Health Care System Legislation
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New Exemption Rules for Hospitals [IRC § 501(r)]
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Tax Exemption for Health Insurance Issuers [IRC § 501(c)(29)]
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Tax Credit for Small Exempt Organizations [IRC § 45R]
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Changes to Blue Cross Blue Shield Rules [IRC § 833]
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Mandatory Insurance Coverage, Religious Exemptions
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Credit Union Victorious on UBIT Issues [Bellco Credit Union v. United States]
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IRS Publishes UBI Statistics
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Private Foundation Corner [PLRs 201012050, 201013065, 201013072]
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Treasury, IRS Report to Congress on Charity-Owned Life Insurance
July 2010
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IRS Releases Interim Report on Colleges and Universities' law Compliance
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CBO: Exempt Colleges, Universities Are Engaging in "Indirect" Tax Arbitrage
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IRS Holds Out Relief Possibility for Small, Nonfiling Charities
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Court Denies Deduction for Easement Gift Because of Mortgage [Kaufman v. Commissioner]
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ABA Tax Section Submits Comments on Proposed Supporting Organizations Regs
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ASO Program Held Related [PLR 201012052]
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Religion Corner [Christian Legal Society v. Martinez; Arizona Christian School Tuition Organization v. Winn; Garriott v. Winn; Freedom From Religion Foundation v. Geithner; Anonymous v. Commissioner]
August 2010
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IRS Reviews, Seeks Comments on New Hospital Exemption Rules [Notice 2010-39]
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Fraternity Chapter Scholarship Foundation Denied Exemption [PLR 201017067]
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Orphanage Held Agency of Church for Parsonage Allowance Purposes [PLR 201023008]
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IRS Rules That Unrelated Businesses Not Regularly Carried On [PLRs 201015037, 201024069]
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A Look at the Most Recent Reasonable Compensation Case [Multi-Pak Corporation v. Commissioner]
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IRS Overstates Its Cases: A Reprise [PLRs 201016088, 201019033, 201020021, 201023058, 201024066]
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Sweeping Public Charity Legislation Introduced [H.R. 5533]
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Charitable Giving Decreased in 2009
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New Statistics on Noncash Charitable Contributions
September 2010
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Final Exempt Organizations Tax Shelter Transactions Regulations Issued [T.D. 9492]
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IRS: Foundations Can Make Grants to Charities' Single-Member LLCs [INFO 2010-0052]
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IRS Provides One-Time Relief Program for Small Nonfilers [IR-2010-87]
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Private Foundation/Public Charity Law: Adverse Case Studies [PLRs 201019034, 201021029, 201022030]
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IRS Asserts Unique (and Incorrect) Private Inurement Rationales [PLR 201025078]
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Bluetooth Fails on Appeal in Bid for Tax-Exempt Status [Bluetooth SIG, Inc. v. United States]
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Sperm Provider Organization Held Nonexempt as Charity [Free Fertility Foundation v. Commissioner]
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Private Foundation/Public Charity Corner [PLRs 201029032, 201029039, 201029040]
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PCAOB Survives Constitutional Law Challenge as to Its Members' Appointments [Free Enterprise Fund v. Public Company Accounting Oversight Board]
October 2010
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IRS Launches New Site for Comments on Forms, Beginning with 1023
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Appeals Court, Citing Valuation Errors, Remands Facade Easement Charitable Deduction Case [Whitehouse Hotel Limited Partnership v Commissioner]
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Charitable Deductions Denied Due to Faulty Appraisal and for Fee Paid to Charity [Scheidelman v. Commissioner]
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IRS Articulates Primary Purpose, Exclusivity Tests Differences [PLR 201031035]
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IRS Refunds Held to Moot Exemption Claim, Leave Organization in Tax-Exempt Status Limbo [Christian Coalition of Florida, Inc. v. United States]
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IRS Denies School Tax Exemption Because of Racial Discrimination [PLR 201033039]
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AHA Submits Comments on New Hospital Exemption Rules
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CHA Submits Comments on New Hospital Exemption Rules
November 2010
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IRS Releases Draft of Health Care Tax Credit Calculation Form [Form 8941]
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Beach Club, Parking Lot Operation Held to be Unrelated Businesses; Rent Exclusion Held Inapplicable [Ocean Pines Association, Inc. v. Commissioner]
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TIGTA Issues Report on Political Organizations' Filing Compliance [2010-10-018]
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TIGTA Issues Report on Tax-Exempt Organizations Fraud [2010-IE-R006]
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Appeals Court Confirms that Margin-Purchased Securities Give Rise to UBIT [Henry E. and Nancy Horton Bartels Trust for the Benefit of Cornell University v. United States]
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IRS Applies Credit Counseling Rules to Mortgage Foreclosure Assistance Organizations [PMTAM 2010-011]
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Fundraising Schemes Foil Exemption [PLRs 201037029, 201035034]
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CRS Reports on Extenders Process, Revisions
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TIGTA Wants Faster, Fewer PLRs [2010-10-106]
December 2010
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Bartering Exhange Fails to Achieve Tax Exemption [PLR 201042040]
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Charging of Fees Again Defeats Tax Exemption [PLR 201041045]
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Opposition PAC Alleges College Bowl Organizations' Tax-Law Violations [Sep. 23 complaint filed with IRS]
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Governance, Commerciality, Private Benefit Doom Exemption-Recognition Requests [PLRs 201039034, 201039046, 201039048]
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Undoing of CRAT Ruled to Not Trigger Foundation Taxes [PLR 201040021]
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Reading the Internal Revenue Code in Conjunction With Exemption Revocations
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Health Care Act Litigation Advances [Florida v. HHS, Thomas More Law Center et al. v. Obama, Virginia v. Sebelius]
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TIGTA Reports Frustration Because of IRS Unresponsiveness
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IRS Explains Exclusions for Graduate-Level Tuition Waivers [FAA 20103901F]