Donors denied deduction for $145,000 in clothing and furniture

The donors claimed $145,250 in charitable contribution deductions for gifts of clothing and household goods to Goodwill Industries in 2011.  They allegedly gave (among other things) 1040 items of boys’ clothing, 811 items of girls’ clothing, 658 items of men’s clothing, and 945 items of women’s clothing, plus 115 chairs, 36 lamps, 22 bookshelves, 20 desks, 20 chests of drawers, 16 bedframes, 14 filing cabinets, and 3153 books.

Ping pong club not exempt from real estate tax

A 501(c)(3) ping pong club is not exempt from real estate tax as a charitable organization, a Magistrate of the Oregon Tax Court, has ruled.  He has held that the club did not meet the state’s definition of a charity.

Diocese Denied Bequest When Church School Had Closed

Divided NY Court says donor had intended a specific gift and did not show general charitable intent to invoke cy pres

An appellate court in New York has affirmed a Surrogate Court decision that a donor making a charitable bequest from her living trust intended to benefit a specific Catholic school that had been closed for several years and did not show a general charitable intent which would justify invoking the cy pres doctrine to divert the gift to the Catholic Diocese.  The Court, by a vote of 4-1, has affirmed a Surrogate Court decision dividing the gift between two other residuary beneficiaries of the trust.

$33 million deduction lost for failure to report basis

The failure to list the cost basis of a remainder interest in real estate on the Form 8283 claiming a charitable contribution deduction has caused the Tax Court to disallow entirely a claimed deduction of more than $33 million.  The Court has strictly interpreted the substantiation requirements without directly having to challenge the valuation.

Failure to disclose illness destroys disability claim

An executive director’s failure to disclose his Parkinson’s disease to his board of directors before the final phase of his termination process has lost a claim for wrongful termination on the basis of disability.  A federal District Court in Ohio has dismissed the case on summary judgment.

Foundation Liable for Punitive Damages In Receiving Gift Induced by Fraud

Board member induced bank employee to invest in his bank and then transferred the same amount from bank to foundation

James M. Montgomery convinced an employee of a bank he was about to open to invest $100,000 in the business, saying he needed the additional money to meet regulators’ capitalization requirements to start operating.  Shortly after the employee made the investment in 2008 and before the bank opened for business, Montgomery directed the bank to transfer $100,000 to his family foundation.  The bank failed in less than a year and all of the initial investors, including the employee, lost their investments.

Oxford House Group Home Gets Disability Accommodation

Court says home for six unrelated people should be treated as single family home for Fire Code requirements

A federal District Court in Louisiana has ruled that a six-person group home for individuals recovering from drug or alcohol addiction is entitled to a reasonable accommodation under the Fair Housing Act and the Americans with Disabilities Act and should not be required to install automatic sprinklers and fire alarm systems required by the State Fire Marshal for rooming houses.