Private Foundations: Tax Law and Compliance, 2007 Cumulative Supplement, 2nd Edition

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Edition: 2nd
Format: Paperback
Pub. Date: 2007-08-01
Publisher(s): Wiley
List Price: $80.00

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Summary

The 2007 Cumulative Supplement includes the following updates: The 2006 version of Form 990-PF, filled in to illustrate reporting issues, is included in Chapter 12. The IRS has substantially revised the application for recognition of exemption filed by private foundations (and other charitable organizations), Form 1023. This application is included in supplemental materials for Chapter 2, along with some details about preparation of the form and some traps inherent therein. Discussion of application of self-dealing rules, the personal services exception, the exception for incidental benefits, and foundation-funded disaster relief programs. Summary of the Enactment of the Pension Protection Act of 2006. Discussion of the IRS's restructuring which has brought-among other units-the Exempt Organizations Compliance Unit, the Data Analysis Unit, and the Review of Operations Unit. The significance of these units is reflected in the recently issued IRS report on its Executive Compensation Compliance Initiative project.

Author Biography

Bruce R. Hopkins is a senior partner with the law firm of Polsinelli Shalton Flanigan Suelthaus PC, in its Kansas City, Missouri, and Washington, D.C. offices. He specializes in the representation of charitable and other nonprofit organizations, including private foundations. His practice ranges over the entirety of legal matters involving nonprofit organizations, with emphasis on legal matters pertaining to private foundations, fundraising law issues, charitable giving (including planned giving), the formation of nonprofit organizations, acquisition of recognition of tax-exempt and public charity status, unrelated business planning, application of intermediate sanctions, use of nonprofit and for-profit subsidiaries, nonprofit organizations’ involvement in joint ventures, and review of annual information returns.
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. He received the 2007 Vanguard (Lifetime Achievement) Nonprofit Lawyer Award, presented by the Committee on Nonprofit Corporations, Section of Business Law, American Bar Association.
Mr. Hopkins is the series editor of Wiley’s Nonprofit Law, Finance, and Management Series. In addition to Private Foundations: Tax Law and Compliance, Second Edition, he is the author of The Law of Tax-Exempt Organizations, Ninth Edition; Planning Guide for the Law of Tax-Exempt Organizations: Strategies and Commentaries; The Tax Law of Unrelated Business for Nonprofit Organizations; The Tax Law of Associations; The Tax Law of Charitable Giving, Third Edition; The Law of Fundraising, Third 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 Nonprofits’ Guide to Internet Communications Law; The Law of Intermediate Sanctions: A Guide for Nonprofits; The Legal Answer Book for Nonprofit Organizations; The Second Legal Answer Book for Nonprofit Organizations; The Nonprofit Law Dictionary; Starting and Managing a Nonprofit Organization; A Legal Guide, Fourth Edition; and is the co-author, with Jody Blazek, of The Legal Answer Book for Private Foundations; 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.

Jody Blazek is a partner in Blazek & Vetterling LLP, a Houston CPA firm focusing on tax and financial services for exempt organizations and the individuals who create, fund, and work with them. BV serves over 300 nonprofit organizations, providing financial reporting, tax compliance, and planning services.
Jody began her professional career at KPMG, then Peat, Marwick, Mitchell &Co. Her concentration on exempt organizations began in 1969 when she studied and advised clients about the Tax Reform Act that completely revamped the taxation of charities and created private foundations. From 1972 to 1981, she gained nonprofit management experience as treasurer of the Menil Interests, where she worked with John and Dominique de Menil to plan the Menil Collection, the Rothko Chapel, and other projects of theMenil Foundation. She reentered public practice in 1981 to found the firm she now serves.
She is the author of six books in the Wiley Nonprofit Series: IRS Form 1023 PreparationGuide (2005); IRS Form 990 Tax PreparationGuide for Nonprofits (2004); Tax Planning and Compliance for Tax-Exempt Organizations, Fourth Edition (2004); Financial Planning for Nonprofit Organizations (1996); and Private Foundations: Tax Law and Compliance, Second Edition (2003) and The Legal Answer Book for Private Foundations (2002), both co-authored with Bruce R. Hopkins.

Table of Contents

List of Exhibits
Preface
Introduction to Private Foundations
Operating for Charitable Purposes
Starting and Funding a Private Foundation
Acquiring Tax-Exempt Status
Preparing Form 1023
When to Report Back to the IRS
Types of Private Foundations
Private Operating Foundations
Direct Charitable Distributions
Conduit Foundations
Nonexempt Charitable Trusts
Disqualified Persons
Substantial Contributors
Governmental Officials
Self-Dealing
Private Benefit Doctrine
Definition of Self-Dealing
Exceptions Provided in Regulations
Sale, Exchange, Lease, or Furnishing of Property
Leasing of Property
Furnishing of Goods, Services, or Facilities
Co-Owned Property
Loans and Other Extensions of Credit
Interest-Free Loans
Payment of Compensation
Definition of Personal Services (New)
Definition of Compensation (New)
Finding Salary Statistics
Expense Reimbursements and Advances
Bank Fees
IRS Executive Compensation Study (New)
Indemnification and Insurance
Noncompensatory Indemnification and Insurance
Uses of Income or Assets by Disqualified Persons
Securities Transactions
For the Benefit of Transactions (New)
Incidental or Tenuous Benefits
Benefit Tickets
Sharing Space, People, and Expenses
Office Space and Personnel
Indirect Self-Dealing
Property Held by Fiduciaries
General Rules
A Early Terminations of Charitable Remainder Trusts (New)
Issues Once Self-Dealing Occurs
Undoing the Transaction
Amount Involved
Payment of Tax
Advice of Counsel
Mandatory Distributions
Assets Used to Calculate Minimum Investment Return
Exempt Function Assets
Acquisition Indebtedness
Measuring Fair Market Value
Readily Marketable Securities
Cash and Other Types of Assets
Distributable Amount
Controversial Addition
Qualifying Distributions
Direct Grants
Direct Charitable Expenditures
Controversial Proposal (New)
Set-Asides
Satisfying the Distribution Test
Planning for Excess Distributions
Abatement of the Tax
A Distributions to Certain Supporting Organizations (New)
Excess Business Holdings
General Rules
Definition of Business Enterprise
Percentage Limitations
Permitted and Excess Holdings
Disposition Periods
Functionally Related Businesses
Rules Applicable to Certain Supporting Organizations (New)
Rules Applicable to Donor-Advised Funds (New)
Excise Taxes on Excess Holdings
Jeopardizing Investments
General Rules
Defining Jeopardy
Prudent Investments
Facing the Unknown
Program-Related Investments
Excise Taxes for Jeopardizing Investments
Reliance on Outside Advisors
Taxable Expenditures
Legislative Activities
Grants to Charities That Lobby
Grants to Individuals
Grants for Travel, Study, or Other Purposes
Other Individual Grants
Compensatory Payments
Selection Process
Employer-Related Programs
Individual Grant Intermediaries
Grants to Public Charities
Documenting Public Charity Grants
The Reliance Problem
Grants to Foreign Organizations
Expenditure Responsibility
General Rules
Reports from Grantees
Distributions to Certain Supporting Organizations (New)
Table of Contents provided by Publisher. All Rights Reserved.

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