DAF Assets Top $234 Billion While Controversy Continues
Total assets held by donor advised funds across the country rose to $234.06 billion in 2021, an increase of 39.5% over the prior year, and continuing a steady annual increase in values from a total of $112.8 billion in 2017, according to the latest annual report from the National Philanthropic Trust issued in late November.
Court limits FLSA class action certification
A federal District Court in New York has granted a conditional class certification for Fair Labor Standards Act claims against a nonprofit dedicated to helping persons with disabilities, but has limited the class to direct service workers for which the plaintiff’s claims were “barely adequate.”
Can nonprofit recover fees for fighting derivative suit against corporation?
Three members of the board of a nonprofit homeowners’ association in Tennessee, a former director, and two other members of the association filed what they called a “derivative” action in 2018 against the association for the appointment of a receiver to administer the affairs of the organization. The association moved to dismiss the case on the ground that the relief could be sought only in a “derivative” action brought on behalf of the corporation and that the plaintiffs had not met the requirements for bringing such a suit.
Farmers denied deduction for transfer of crops to CRAT
A husband and wife pair of farmers has been denied a charitable contribution deduction for a transfer of crops to a charitable remainder annuity trust, and the annual annuity payments they have received in return are subject to ordinary income tax, the Tax Court had held.
School District may not challenge exemption in trial court
A school district that argued only that hospital property was “underassessed” in a proceeding before the municipal taxing authority may not argue for the first time on appeal to court that the property should not be exempt at all, the Pennsylvania Commonwealth Court has held.