Nonprofit May Recover Goodwill Lost in Condemnation Proceeding

California Court says recovery may be measured by lost revenue following relocation of program

An appellate court in California has reversed a trial court decision denying recovery of goodwill lost by a performing arts nonprofit following condemnation of its building for a highway project.  The Court has said that once a loss of goodwill has been shown, its quantification may be measured by a variety of methods.

Separate entities are not single or joint employer

The University of Alabama and the University of Alabama Health Services Foundation, P.C. are not a single employer or a joint employer for purposes of a Title VII discrimination and retaliation suit, a federal District Court in Alabama has held.  It has dismissed the case against the foundation on the ground that the plaintiff was an employee only of the university.

Tina Phillips filed the case against both organizations when she was let go from her position as a financial officer whose duties dealt with both the university and the foundation. 

Educational foundation loses exemption for inactivity

A nonprofit organization formed to provide conservative research and education on public policy issues of particular impact on minorities has lost its charitable exempt status because of inactivity.  The Tax Court has affirmed the revocation of 501(c)(3) status by the IRS.

The ABF Educational Foundation, Inc. was incorporated in 2001 and has operated under several other names, most recently the Community Education Foundation.  Its sole officer, director and representative is D. Dante Anthony Hayes.

Another Charity Wins Injunction Against Requirement for Schedule B

Court rules that California’s demand for names of donors, as applied, violates group’s Constitutional rights

A second charity dealing with controversial issues has won a permanent injunction against enforcement of California’s demand that an unredacted Schedule B has to be filed with the state in order to register for charitable solicitation in the state.  The Thomas More Law Center has won the injunction against Secretary of State Kamala Harris on the ground that enforcement of the demand for the list of major contributors would violate the center’s Constitutional rights.

Bank May Attach Income From CRUT

State law disregards spendthrift protection in trust created by beneficiary

A bank holding a judgment against the income beneficiary of a charitable remainder unitrust may attach and collect the income from the beneficiary despite a “spendthrift” provision in the trust preventing a creditor from attaching the income, an appellate court in Arizona has held.  Interpreting the Washington state law that all parties agreed was applicable to the trust, it has held that state law specifically provides that a spendthrift provision does not apply to a trust created by the beneficiary.