When nonprofit merger fails, parties sue

When the national ALS Association sought to eliminate its chapter structure and cause each of the regional chapters to merge with the national Association in 2021, most of the local chapters agreed.  The local chapter in San Diego agreed to transfer to transfer its assets of $2.7 million to the Association in return for the Association’s assuming responsibility for its obligations.  But before the merger was completed, the Chapter began to feel that the representations made by the Association were not correct and ultimately decided not to go through with the merger.  The Chap

Community foundation sues to stop affiliate split

The Blue Grass Community Foundation in Lexington, KY entered into an agreement with an individual donor in 2002 to create a permanent endowment affiliate known as the Magoffin County Community Foundation for funds to support charities in the county.  The agreement permitted the affiliate to establish a board and to invest its funds with Blue Grass funds for the standard management fees imposed by Blue Grass.

Two courts vacate Trump loan forgiveness changes

Two separate federal District Courts have vacated President Trump’s Executive Order attempting to limit the number and type of public service employers for which service would qualify for educational loan forgiveness.  The opinions issued on June 30 prevented the Executive Order, which was supposed to take effect on July 1, from taking effect nationwide.

Is Multi-Media Production Fellowship exempt?

Oregon state law exempts property owned by or leased to “religious organizations” from real estate tax.  The law, however, does not define “religious organization.”  The question has arisen in the case of “Multi-Media Production Fellowship Church of God the Creative.”  An Oregon Tax Court Magistrate Judge has refused to grant the taxing authority’s motion to dismiss a claim for exemption.

Founder Can’t Recover Start-up Loan to Nonprofit

Court says recognition of loan on Form 990 does not confirm that Board agreed to repay

The founder of a Wyoming public radio station cannot collect on a $219,000 start-up loan he said he made to the organization, even though the loan was regularly recognized on the nonprofit’s annual Form 990 tax filing, the Supreme Court of Wyoming has affirmed.  The Court said that the loan was not sufficiently memorialized in writing and was unenforceable under the state’s statute of frauds.

Court Awards Bequest To For-Profit Long Term Care Community

Facility was owned by charity when will was written, but sold to for-profit before donor died

Laurel Lee Pedot was a long-time resident of The Villas at Sunny Acres in Thornton, CO when she executed a will and accompanying trust in 1989.  The trust provided that the residue of her estate would be granted to “Sunny Acres Villa, Inc., Foundation Trust, a Colorado non-profit corporation.”

In 1991, she amended the trust to provide that the residue should go to the Foundation Trust, “to be used exclusively in connection with The Villas at Sunny Acres community and no other community operated by Sunny Acres Villa, Inc.”