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May 1-15, 2006

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May 1-15, 2006

May 1-15, 2006

Donor Fund Foundation Denied Charitable Exempt Status
Court affirms IRS view that organization provided substantial private benefit 

Divided Court Reverses Executive’s Right to Sue Directors for Firing Him
Majority says E.D. failed to allege improper motives for their actions in causing termination of at-will job

Court Affirms Dismissal of Suit To Enjoin Appointment of Receiver
Federal Court should not hear case to stop state order under charitable solicitation law

Nonprofit Law You Need to Know
Here are some of the questions recently received from readers
Must charities collect sales tax?
When can a nonprofit call itself a nonprofit?
When must charity provide financial statement? 
Can a 501(c)(6) create a wholly owned 501(c)(3)?
Should our small nonprofit obtain board insurance?
Must we renew our 501(c)(3) status?

Issues Notes

  • Interested in Reprinting Items from Nonprofit Issues®?
  • Kramer to participate in PICPA Not-for-Profit Conference June 25
  • Thursday with the Editor, May 25

To the Point

Our nonprofit committee has worked under the auspices of our city government, which covers all our functions under its insurance. If we become a separate 501(c)(3) organization, will we be liable for accidents or can we still remain under the city’s insurance?

Lessons from Litigation

  • When does statute run on price change?
  • Who can use “Sheriff” in name?
  • La. court enjoins sales tax exemption for bibles

Tax Matters

  • Seller-funded down payment assistance plans
  • are denied charitable exempt status by IRS
  • Physicians’ pay based on “productivity”
  • causes denial of real estate tax exemption

Employment Law

  • Texas Supreme Court refuses
  • to create new whistleblower protection

Say That Again

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