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November 16-30, 2005

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November 16-30, 2005

November 16-30, 2005

Senate Approves Limits on Charities, Incentives for Charitable Giving
Measures must be approved by the House before they can become effective

Clinton Foundation Is “Legitimate Business Enterprise” Eligible for Tax Breaks Under Economic Development Law
Arkansas Supreme Court says business enterprise can include nonprofit as well as for-profit business

Corporate Action is Permissible Unless Prohibited by Governing Instruments
Court rejects argument that action is okay only where specifically permitted in Constitution or bylaws

Donors Can’t Sue Charity for Damages When Deduction Is Postponed
Court denies claim for unjust enrichment and damages when gift is not completed until following year

Ready Reference Page

Senate Proposes Two Year Contribution Breaks,
Permanent Limits on Deductions, DAFs and SOs

Donor Advised Funds and Supporting Organizations would face new restrictions to make them more “accountable”

Issues Notes

  • Need a practical gift for colleagues?
  • “This Year In Nonprofit Law” Materials Available
  • Thursday with the Editor, December 15, 2005

To the Point

Is it true that the Katrina tax relief bill, which provides that donors may deduct up to 100% of their income this year, does not apply to gifts to supporting organizations or donor advised funds?

Lessons from Litigation

  • Prohibition on gifts to terrorist groups is constitutional

Tax Matters

  • Volunteer can’t deduct cost of lunch

Employment Law

  • Anxious employee not entitled to FMLA protection
  • Lifting requirement for camp counselors not discriminatory

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