Nonprofit Law: The Year in Review

It has been another traumatic year for nonprofits in America.  Between funding cutbacks, direct challenges to their exempt status, and efforts to outlaw diversity, equity and inclusion, — which is fundamental to the purpose of many charities — nonprofits have struggled to find their footing in the last year.

Despite the Blue Tsunami of the midterm elections, the current administration will continue to run the Executive Branch for another two years.  What is likely to change?  Where are the battles most likely in the year ahead?

Nonprofit Issues^® editor Don Kramer will attempt to capture the major issues of the coming year, as well as recapping some of the significant developments of the last 12 months.  All of the respondents to last year’s survey of participants in the annual review webinar said they learned things that they would use in their work, and all said they would recommend the program to others. Several years ago, a participant said she learned more in Don’s 90-minute review than she learned in a two-day university program a few months earlier.

Here are some of the topics Don will discuss this year.

The IRS suggestion that educational institutions be denied exempt status if any part of their program makes distinctions on the basis of race or ethnicity.

The status of the litigation challenging the Johnson Amendment’s prohibition on electioneering for charities, and the promise of the Administration to refuse to enforce the rule against churches.

The status of the litigation challenging the right to ask charities to complete the Schedule B list of major donors on the Form 990.

Here are some of the other areas Don will cover:

Significant new federal tax cases, including a rare excess benefit tax decision, a decision allowing a business corporation to deduct support of charity events as an ordinary business expense, a decision denying recovery of a start-up loan for a nonprofit founder, and the first Tax Court decision dealing with the amount of non-member investment income that will cost a social club its exemption.

Significant state law cases outlining the scope of fiduciary duty, including the duty of Penn State trustees.

Pennsylvania cases on real estate tax exemption and protection of charities against taxes in different forms, and against excessive charges for municipal services to support charitable events.

The use of trademark litigation to protect nonprofits against infringement by break-off organizations.

Donors’ claim for damages when their charitable gift has been rejected.

A bank’s liability for a phishing event at a charity.

And much more.

Here’s what some past participants have said in their evaluations of this webinar:

• I thought last year’s review better than two full days of [a university's] EO program
• This program has a ton of information and is very helpful
• Awesome

Every respondent in the last two years said that they learned something they could use in their work and would recommend the webinar to others.

Nonprofit Issues® editor Don Kramer will lead the discussion.  Kramer, who has more than 45 years of experience in dealing with the legal issues of nonprofits of all types and sizes, is listed among The Best Lawyers in America in the category of nonprofit/charities law.  Melissa Sines, Interim Standards for Excellence Director of the Pennsylvania Association of Nonprofit Organizations, will facilitate the program.

Nonprofit Issues® is an Accredited Provider for Pennsylvania Continuing Legal Education. CLE credit is available for PA lawyers participating in this webinar.  If you are a lawyer in a state that accepts CLE credits from other jurisdictions we can provide certificates of attendance and proof of our PA approval. CPE credits are also available for Pennsylvania accountants participating in the live webcast.

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