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April 1-15, 2005

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April 1-15, 2005

April 1-15, 2005

Concealment of Sex Charges Negates Insurance When Sued
Carrier has no duty to defend where organization failed to report prior allegations in application

Exculpatory Clause Ruled Invalid Where It May Cover Willful Misconduct
Court questions validity of provision not translated for Taiwanese woman signing printed form

Charity May Inherit Half of Estate Residue When Named to Receive ‘Personal Effects’
Will drafted by law students omitted a residuary clause which would have made donor’s intent clear

Statute of Limitations Does Not Bar Sexual Abuse Case Against Archdiocese
Court splits with other appellate panel in allowing claimant to prove he first learned of church’s involvement within period

Planned Giving Council Releases Reporting Guidelines

Behind the Numbers
Preparing For Your Year-end Financial Audit: How To Do It Right

Issues Notes
Kramer to speak on governance for school foundation leaders
Kramer to discuss ironies in Barnes Foundation case
Thursday with the Editor, April 14

To the Point

My nonprofit has applied for our 501(c)(3) exemption and received a letter from the IRS saying they believe because of our type of support we may fall under 509(a)(1) and 170(b)(1)(a)(vi). Can you explain why? We are relying on funding from individual donations as well as writing grants.

Lessons from Litigation

  • Parent may not waive injury claims of child by signing pre-activity waiver form
  • Attorney disbarred for drafting codicils making gifts to his own family
  • State court may determine eligibility for federal exemption

Tax Matters

  • Property owned by charity and leased to a charitable day care center is exempt

Employment Law

  • Aide may sue United Way for pregnancy discrimination and violation of Fair Credit Reporting Act in termination

Say That Again?

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