Articles

Head of NYSE compensation committee is also charged with breach of fiduciary duty for failing to advise Board on entire package

State laws and IRS require certain provisions; including additional terms is primarily a matter of style

Many in-kind contributions may be deducted as ordinary business expenses; certain gifts of inventory qualify for enhanced deduction above cost basis.

Payments will be considered charitable contributions where there is no arrangement that the sponsor will receive 'any substantial return benefit in exchange for the payment'

Key to taxability of income is the amount of time participants spend on actual instruction and education

Miscalculations can create both legal and public relations problems if development officers fail to find the right balance for gifts with restrictions

Planning testamentary disposition of non-qualified deferred compensation can provide a virtually no risk technique for younger donors

Final regulations permit switch to fixed percentage payout in certain situations outside the control of the trustee, and give one-time option for reformation

Title VII requires reasonable accommodation that does not impose undue hardship on business

Revised Uniform Commercial Code clarifies some of the rules

Act expands prudent investment standards, changes authority to spend portions of endowment

Welter of new and revised rules make it difficult to know how to comply with governmental expectations

Both public charities and private foundations should take special precautions to avoid tax, criminal penalties

Fiscal agents can serve their community well if they carefully follow the rules and accept full responsibility

Proposed changes would expand factors to be considered for standard of care, would allow donors to enforce restrictions, and ease process of removing restrictions in certain cases

A simple one-page document can formalize the relationship, help reduce potential for liability, and give a graceful way to decline help from problem people.