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Most Recent Posts

California Attorney General Can Demand Full IRS Forms From Charity

California Attorney General Can Demand Full IRS Forms From Charity

The Attorney General argues that there is a compelling law enforcement interest in the disclosure of the names of significant donors. She argues that such information is necessary to determine whether a charity is actually engaged in a charitable purpose, or is instead violating California law by engaging in self-dealing, improper loans, or other unfair business practices.  

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IRS Not Grossly Negligent In Disclosure Of Exempt Application

Citizens Awareness Project actually does look like an entity that was set up to game the lack of transparency permitted to organizations exempt under 501(c)(4). According to its initial Form 990 for the year 2012 it received $2,535,000.  It had no paid staff or occupancy expenses.  Pretty much the whole $2.5 million went to two vendors.  The $993,916.79 noted above to Stephen Clouse & Asooc and $1,449,952.10 to Direct Response LLC in Phoenix Arizona.  The latter was to conduct research to measure the “current opinions of specific demographic groups and how such groups change over time”.

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Religious Arbitration Clause Does Not Hurt Million Plus Gift Tax Exclusion

Religious Arbitration Clause Does Not Hurt Million Plus Gift Tax Exclusion

The IRS argues that the withdrawal rights were not “legally enforceable”.  IRS starts out “hypothesizing that the trustees might refuse, without legal basis, to honor a timely withdrawal demand”.  It admits that this an adverse ruling by the Ben Din could be appealed to state courts, even though the courts don’t like to upset arbitration decisions.  The sense is that the “No soup for you” clause would scare them.

The Tax Court read the trust more closely and thought that the “ad terrorem” clause was much more limited.  Basically, it was there to emphasize the trustee’s broad discretion to make distribution and would only be triggered if a beneficiary brought a suit that challenged an actual distribution to another beneficiary.  Therefore the beneficiary did have an enforceable right to demand a distribution during the Crummey window.  As with any upholding of Crummey powers, the fact that it appears that beneficiaries never do that, as far as anybody I have ever heard of knows, is not relevant.

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Gallery Does Not Get Exempt Status And The Lusty Month Of May

Gallery Does Not Get Exempt Status And The Lusty Month Of May

You are similar to the organization described in Revenue Ruling 71-395. You were formed by a group of artists and are operating an art gallery open to the general public which displays and sells members’ artwork. One advantage of membership is listed as the ability to show works. In addition, like the organization in the revenue ruling, a committee consisting of artist members selects works that will be displayed and offered for sale. Additional members are admitted to membership by approval of the existing members. Your gallery is open free to the public on certain days and by appointment on others. Nearly all work is for sale, and you retain a commission of the original sales price of artwork that is sold. Consequently, like the organization in the revenue ruling, you are a vehicle for advancing members’ careers and are promoting the sale of members’ artwork. This serves the private purposes of your members, even though the exhibition of art may be an educational activity in other respects.

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Home Schooling Contingency Does Not Kill Alimony Deduction

Home Schooling Contingency Does Not Kill Alimony Deduction

Petitioner and his former wife entered into the agreement that she would homeschool their child with the explicit understanding that their decision would cause financial hardship for her because she would not be able to work while performing the schooling. Under the terms of the written agreement and their understanding, it was solely within his former wife’s discretion as to whether she would go back to work or continue homeschooling their child. During the seventh month of the agreement under the divorce order, the former wife requested increased spousal support payments from petitioner, but he was unable or unwilling to pay more. Hence, petitioner’s former wife decided to return to work, and therefore the child was no longer homeschooled

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The Trials Of Kent Hovind –  An American Tragedy

The Trials Of Kent Hovind – An American Tragedy

Hovind and Hansen are sanguine that Hansen’s brilliant territorial jurisdiction arguments are going to stun the government and cause them to back off.  I don’t think that is likely.  I am not going to handicap the upcoming trial.  Another hung jury is not out of the question.  In a sense, it does not matter since Hansen and Hovind will face sentencing on the charges that yielded convictions in March.  It is virtually certain that they will appeal and at least some of their supporters are dedicated enough to keep the cause going.

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IRS Denies Exempt Status To Historical Interpreters

IRS Denies Exempt Status To Historical Interpreters

I think the moral of this story is that it is a bad idea to rely on the IRS to provide imprimaturs of a sort on organizations that really have no significant tax exposure themselves.  The IRS has a big enough job collecting taxes that it does not need people with laudable purposes applying to them for an extra dose of credibility.

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Second Circuit Questions Loss Computation In Ponzi Scheme Sentences

Second Circuit Questions Loss Computation In Ponzi Scheme Sentences

So you pay in five grand and bring an appetizer to your first meeting.  The next two meetings you bring soup and then the main course.  Finally, you bring dessert and the five grand from each of the eight appetizer people goes to you.  Then the table divides into two tables requiring sixteen appetizer people.  What could possibly go wrong?  Well about the twelfth time the tables divide you need all the women in Connecticut to be participating.  Around the 23rd time, you need all the women in the world.  You probably already knew that, but it is worth pointing out.

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