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December 16, 2008-January 15, 2009

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December 16, 2008-January 15, 2009

December 16, 2008-January 15, 2009

Board Chair May Be Sued Personally For Fraud Under Contract
Court refuses to dismiss complaint alleging intentional misrepresentation of intent to pay

Former Directors for Breach 
Condo owners claim former board failed to supervise manager, obtain adequate insurance

Foundations Are Not Liable For Grantee’s Job Discrimination
Court says employee of recipient is not a third-party beneficiary of grant agreement

Ready Reference Page No. 106-F
New "Core Form" Presents Revised Look for Nonprofit Finances - Part VI

Format for Statement of Revenue has changed, but many opportunities remain for errors in reporting

Issues Notes

  • Kramer to participate in two more programs on 990
  • Talk with the Editor, March 31, 2009

To the Point
We are a new nonprofit that uses a fiscal sponsor for our federal 501(c)(3) status but otherwise operates independently as a registered charitable corporation in the state.  Can we get renters’ insurance if we're only incorporated at the state level, or do we need to get our own federal status to accept a lease arrangement?

Lessons from Litigation

  • Named organization may enforce charitable trust
  • Dress For Success wins injunction against Dress 4 Success
  • Unregistered charity liable for illegal lottery

Tax Matters

  • Still no deduction for tuition to religious school
  • School penalized for bookkeeper’s failure to pay withholding
  • Separate legal existence not disregarded in tax case

Employment Law

  • “Volunteer” not eligible for workers’ comp
  • Therapist not protected as whistleblower
  • Court has jurisdiction in religious discrimination case

Say That Again

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