Lead Stories

Gender and Race Gaps Narrow Slightly On Boards of Philadelphia Area Meds and Eds

While many have made significant progress since 2019, many still fail to reflect the diversity of constituents and communities

The Women’s Nonprofit Leadership Initiative and the Nonprofit Center of La Salle University have published an updated report focused on the boardrooms of the Philadelphia area’s largest nonprofit medical and educational institutions (“meds” and “eds”).  The report reveals that many have made significant progress in the last three years in increasing the gender and racial diversity of their governing bodies.

VMI Can’t Force Termination Of Charitable Trust for Its Benefit

Pa. Court says potential cost savings do not overcome paramount intent of donor to keep assets in separate trust

The Superior Court of Pennsylvania, an intermediate appellate court, has affirmed a trial court decision and denied a request of the Virginia Military Institute to terminate a $2 million trust for its benefit and transfer the assets to its affiliated foundation outright.  In what it called a case of first impression, the Court upheld the position of the trustee bank and the state attorney general that the donor had intended to keep the assets separate from the institution and a difference in cost was not sufficient to deviate from that intent.

DAF Donor Lacks Standing To Sue Over Excessive Fees

Court of Appeals affirms trial court decision dismissing case against Schwab Charitable Fund

The Ninth Circuit Court of Appeals has affirmed a trial court decision dismissing a suit by the creator of a donor advised fund who sought reputational and other damages on the ground that the sponsor of the DAF paid excessive fees for managing the investments and deprived him of funds to distribute to other charities.  (See Nonprofit Issues® Vol. XXXI No.

Descendant of Enslaved People May Sue Harvard for Emotional Distress

Appellate court says university had duty to deal with ancestral issues, but dismisses claims for property rights in degrading daguerreotypes

In 1850 noted Harvard University professor Louis Agassiz arranged to have four daguerreotypes made of Renty Taylor and Delia Taylor, who were enslaved on a plantation in South Carolina.  Renty was ordered to disrobe.  His daughter was striped to the waist.  Their images were used by Agassiz in an academic publication and various lectures “to support polygenism, a pseudoscientific racist theory for which Aggasiz, a prominent scientist, was a vocal proponent,” according to the highest court of Massachusetts.

Court Denies Deduction for DAF Gift For Lack of Adequate Acknowledgement

Substantiation letter failed to state that recipient had “exclusive legal control” over funds

A federal District Court in Texas has upheld an IRS denial of a $1.257 million charitable contribution deduction claim for a gift to a donor advised fund because, it said, the contemporary written acknowledgment of the gift did not say the money was held under the “exclusive legal control” of the recipient charity.  The Court said that the Contemporaneous Written Acknowledgment could not be combined with the gift agreement, which provided for ultimate authority and control of the assets, to meet the requirements of the Treasury regulations.