Club can’t offset event losses against investment gain

The Sixth Circuit Court of Appeals has affirmed a Tax Court decision holding that a 501(c)(7) social club may not use losses from its non-member social events to offset gains from its investment activities because the non-member events were not operated with an intent to profit.  It has held that the club did not demonstrate a profit motive for the activity that had shown significant losses for 14 straight years.

“Ministerial exception” does not preclude breach of contract claim

The dean of a Christian seminary has been permitted to proceed with a breach of contract claim arising from the termination of her employment, despite the defendants’ invocation of the “ministerial exception” that precludes courts from becoming involved in employment discrimination suits with “ministers.”  An appellate court in California has reversed a trial court that had dismissed the entire case.

Museum “Members” Can’t Stop Sale of Artworks

“Mere dues-paying members” lack standing to seek injunction against sale

Dues-paying “members” of the Berkshire Museum in Massachusetts, who have no voting rights in the nonprofit museum corporation, lack standing to seek an injunction to stop the sale of valuable artwork, the state Appeals Court has affirmed.

A group of plaintiffs sued the museum and its trustees individually claiming standing to sue to enforce the museum’s governing documents, to protect their rights as members, and derivatively as corporate members.  A trial judge dismissed their claims and the Appeals Court has affirmed.

Illinois Supreme Court upholds tax statute

The Illinois Supreme Court has upheld a statute setting requirements for charitable tax exemption for nonprofit hospitals.  The law was recently passed by the state legislature to require charitable hospitals to provide qualifying services or activities that equal or exceed in value of the hospital’s tax liability each year.

Illinois Supreme Court upholds tax statute

The Illinois Supreme Court has upheld a statute setting requirements for charitable tax exemption for nonprofit hospitals.  The law was recently passed by the state legislature to require charitable hospitals to provide qualifying services or activities that equal or exceed in value of the hospital’s tax liability each year.