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October 1-31, 2007

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October 1-31, 2007

October 1-31, 2007

Bylaw Provision to Remove Trustees For Unexcused Absence Is Ineffective
After three years of litigation, Court says plaintiffs failed to prove absences were “unexcused”

Bankruptcy Trustee Denied Claim Against Lawyers in Nonprofit Fraud
Court says “in pari delicto” rule prevents recovery when nonprofit’s directors were more at fault

Potential Beneficiaries Lack Standing To Initiate Suit Against Charitable Trust
Court says they lack “sufficient special interest;” only Attorney General can bring case

Failure to Notify Insurance Carrier Of EEOC Claim Invalidates Coverage
Court says EEOC complaint constitutes a formal administrative proceeding

Nonprofit Law YOU Need to Know
May individual serve on multiple Boards?
May nonprofit give holiday gifts?
May cultural nonprofit engage in human rights work?

Issues Notes

  • Gifts for a colleague or the Board
  • Kramer to speak in Leadership program
  • Thursday with the Editor, December 27

To the Point

To whom should a charitable contribution check be made out if a nonprofit organization has not yet received its letter from the IRS recognizing its charitable exempt status—the individual who founded the organization or the organization itself?

Lessons from Litigation

  • Nonprofit trusted too much; CFO gets 7 years for theft
  • Bylaw provision on ceasing to exist does not cover disaffiliation
  • Error by Post Office not basis to open default judgment

Tax Matters

  • Improper receipt dooms deduction
  • IRS may compel information for foreign investigation
  • Subsidized low income housing not exempt

Employment Law

  • Pastor personally liable for wages
  • Religious objector can’t get double relief from union dues
  • Help for homeless is not wages to offset workers’ comp liability

Say That Again

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