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July 1-15, 2009

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July 1-15, 2009

July 1-15, 2009

Foundation Exec Ordered To Repay Excess Compensation
Court rules that contract to pay excess compensation is void as a matter of public policy

Credit Union May Expel Members for “Inimical” Conduct”
Court says Board may define “cause” to include anything Board considers inimical

Form 990 Information Used to Justify Search Warrant
Court says reports of overlapping leadership and offices justify search of charity official’s home

Nonprofit Law YOU Want to Know
What is the duration of an exemption?
How does public affect agency?
May I solicit contributions before recognition of exemption?
May group make gift before recognition of exemption?
Is there a limit on number of fundraisers?
Is church required to have audit?
Can donations provide scholarship for youth sports player?

Issues Notes

  • Kramer, Emerson to talk on 990
  • Kramer, Sikes names “Super Lawyers” again
  • Talk with the Editor, July 8

To the Point

May a nonprofit 501(c)(4) community organization refuse to admit a member because “you don’t fit in”?  The bylaws say that membership “is open to all singers, musicians, entertainers….”

Lessons from Litigation

  • Charitable trustees appeal uncontested court victory

Tax Matters

  • Who owes sales tax on fundraising program?
  • Are Division I collegiate sports “educational”?

Employment Law

  • Nonprofit restaurant workers not under FLSA 

Say That Again

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