Governor may threaten grant to kill opponent’s job

The First Circuit Court of Appeals has ruled that flamboyant and controversial Maine Republican Governor Paul LePage had qualified immunity when he threatened a nonprofit charter school with losing a $1 million grant if it hired a political opponent as its new president.  A divided panel of the Court has affirmed a trial court decision dismissing a claim by the Democratic Speaker of the House who claimed the action violated his Constitutional rights under Section 1983.

No FMV deduction for digitized family records

The Minnesota Tax Court has denied a full fair market value charitable contribution deduction for the gift of a digitized collection of family vital records to the Luxembourg America Cultural Society in Wisconsin.  The Court has agreed with the state Commissioner of Revenue that the collection was ordinary income property and not capital gain property.

Church property subject to judicial sale

A church property for which real estate exemption was not requested for three years following its acquisition is subject judicial sale for failure to pay real estate taxes, the Commonwealth Court of Pennsylvania has held. It has refused the church’s petition to stop the sale of its property for failure to pay more than $31,000 in taxes.

Environmental Institute eligible for exemption

The Oregon Tax Court has held that an environmental institute promoting environmental sustainability and providing discounted discussion programs is eligible for real estate tax exemption in the state.

The Northwest Earth Institute promotes an annual EcoChallenge in which individuals sign up on the website and choose activities to promote conservation and health.  It also provides discussion groups which use materials distributed at less than cost and paid for by donations.

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.