The Law of Tax-Exempt Organizations, 2008 Supplement

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John Wiley & Sons, Apr 18, 2008 - Business & Economics - 174 pages
The 2008 Supplement generally covers developments since the book was published, which basically means developments during 2007 such as: The new Form 990. Despite its size, complexity, and overreaching, this thing is a work of art. For large organizations, proper preparation of this return is going to be a mighty feat. Much new "law" is embedded in this form. In the context of nonprofit law, there has never been anything like this new Form 990.Other sets of rules are flowing, such as those pertaining to tax-exempt organizations and prohibited tax shelter transactions. (The biggest misstep by the agency in 2007 emerged, nonetheless, in the form of the draft of the IRS' good governance principles an unhelpful, poorly written, sometimes wacky document that should never have been issued, if only because the Division has more important things to do, and perhaps may be allowed a quiet demise.)Private letter rulings, some of them quite interesting, continue to tumble out of the agency. The IRS has made great progress in reducing its inventory of pending applications for recognition of exemption. IRS audits of exempt organizations, along with a host of compliance check projects, are on the rise.Back to the IRS, there are two momentous developments in the making. One is the forthcoming research and compliance initiative involving tax-exempt colleges and universities, with emphasis on these institutions' adherence to the unrelated business rules and operation of endowment funds. The other is the IRS' growing reliance on technology in the exempt organizations area, such as development of an electronic determinations case processing and tracking system (the TE/GE Determination System (TEDS)), the emerging Cyber Assistant to guide preparers of applications for recognition of exemption, and Internet-based workshops and educational material.
 

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Contents

PART ONE INTRODUCTION TO THE LAW OF TAXEXEMPT ORGANIZATIONS
1
PART TWO FUNDAMENTALS OF THE LAW OF TAXEXEMPT ORGANIZATIONS
7
PART THREE TAXEXEMPT CHARITABLE ORGANIZATIONS
23
Other Charitable Organizations
29
PART FOUR OTHER TAXEXEMPT ORGANIZATIONS
37
Business Leagues and Like Organizations
40
PART FIVE PRINCIPAL EXEMPT ORGANIZATION LAWS
47
Legislative Activities by TaxExempt Organizations
53
PART SIX ACQUISITION AND MAINTENANCE OF TAX EXEMPTION
61
Administrative and Litigation Procedures
72
PART SEVEN INTERORGANIZATIONAL STRUCTURES AND OPERATIONAL FORMS
91
Table of Cases
96
Table of IRS Revenue Rulings
119
Table of IRS Private Letter Rulings Technical Advice Memoranda
139
Table of IRS Private Determinations Discussed in Bruce R Hopkins Nonprofit
157
Copyright

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About the author (2008)

BRUCE R. HOPKINS is a senior partner in the law firm of Polsinelli Shalton Flanigan Suelthaus PC, practicing in the firm's Kansas City, Missouri, and Washington, D.C., offices. He specializes in the representation of tax-exempt organizations. His practice ranges over the entirety of law matters involving exempt organizations, with emphasis on the formation of nonprofit organizations, acquisition of recognition of tax-exempt status for them, the private inurement and private benefit doctrines, the intermediate sanctions rules, legislative and political campaign activities issues, public charity and private foundation rules, unrelated business planning, use of exempt and for-profit subsidiaries, joint venture planning, tax shelter involvement, review of annual information returns, Internet communications developments, the law of charitable giving (including planned giving), and fundraising law issues.

Mr. Hopkins served as Chair of the Committee on Exempt Organizations, Tax Section, American Bar Association; Chair, Section of Taxation, National Association of College and University Attorneys; and President, Planned Giving Study Group of Greater Washington, D.C.

Mr. Hopkins is the series editor of Wiley's Nonprofit Law, Finance, and Management Series. In addition to The Law of Tax-Exempt Organizations, Ninth Edition, he is the author of the Planning Guide for the Law of Tax-Exempt Organizations: Strategies and Commentaries; IRS Audits of Tax-Exempt Organizations: Policies, Practices, and Procedures; The Tax Law of Charitable Giving, Third Edition; The Law of Fundraising, Third Edition; The Tax Law of Associations; The Tax Law of Unrelated Business for Nonprofit Organizations; The Nonprofits' Guide to Internet Communications Law; The Law of Intermediate Sanctions: A Guide for Nonprofits; Starting and Managing a Nonprofit Organization: A Legal Guide, Fourth Edition; Nonprofit Law Made Easy; Charitable Giving Law Made Easy; 650 Essential Nonprofit Law Questions Answered; The First Legal Answer Book for Fund-Raisers; The Second Legal Answer Book for Fund-Raisers; The Legal Answer Book for Nonprofit Organizations; The Second Legal Answer Book for Nonprofit Organizations; and The Nonprofit Law Dictionary; and is the co-author, with Jody Blazek, of Private Foundations: Tax Law and Compliance, Second Edition; also with Ms. Blazek, The Legal Answer Book for Private Foundations; with David O. Middlebrook, of Nonprofit Law for Religious Organizations: Essential Questions and Answers; and with Thomas K. Hyatt, of The Law of Tax-Exempt Healthcare Organizations, Second Edition. He also writes Bruce R. Hopkins' Nonprofit Counsel, a monthly newsletter, published by John Wiley & Sons.

Mr. Hopkins received the 2007 Outstanding Nonprofit Lawyer Award (Vanguard Lifetime Achievement Award) from the American Bar Association, Section of Business Law, Committee on Nonprofit Corporations. He is listed in The Best Lawyers in America, Nonprofit Organizations/Charities Law, 2007-2008.

Mr. Hopkins has served as a member of the adjunct faculty at the George Washington University National Law Center and the University of Missouri-Kansas City, teaching courses on the law of tax-exempt organizations. He currently teaches that course as a member of the adjunct faculty at the University of Kansas School of Law.

Mr. Hopkins earned his J.D. and L.L.M. degrees at the George Washington University National Law Center and his B.A. at the University of Michigan. He is a member of the bars of the District of Columbia nd the state of Missouri.

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