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Legal Updates: Proposed Legislation for Private Foundation Minimum Distribution Requirements

A number of philanthropic leaders have voiced support for proposed legislation to increase the amount of distributions from private foundations and donor advised funds. Named the “Initiative to Accelerate Charitable Giving”,...more

Fairbairn v. Fidelity Investments Charitable Gift Fund: Managing Contributions of IPO Stock Goes Awry, but Donors have Little...

Donors make contributions to donor-advised funds (“DAFs”) for a variety of reasons. One is that DAF rules permit the donor to make the contribution in the current year (which entitles the donor to a deduction in that year),...more

Event Tickets May Constitute Self-Dealing

As private foundations and other charitable organizations look forward to the end of the coronavirus pandemic and the return of in-person events, it may be a good idea to review the self-dealing rules involving event tickets...more

Disclosure of 1023 and 990 Forms for Nonprofits

Tax-exempt organizations (including private foundations, which are subject to special additional disclosures) are subject to certain public disclosure rules. These rules require that the organization make its exemption...more

Litigating Donor Intent: State ex rel. Board of Curators of University of Missouri v. Green

A recent case involving a gift to endow professorships shows the tension between principles of trust and contract in bequests—and how the difference can have unanticipated and important effects on how disputes are resolved. ...more

Charitable Planning In the Year of a Business Sale – Part 1 of 2

Business owners who work hard to grow a business and sell it (hopefully, with a substantial windfall) oftentimes focus on philanthropy and making a difference with their new-found wealth. Successful sellers usually recognize...more

Charitable Planning In the Year of a Business Sale – Part 2 of 2

Part 1 of our Article addressed why a charitably-inclined client should make a gift to charity in the year of business sale. Having completed the analysis of when it is best to make a gift, some clients may hesitate to...more

The Consolidated Appropriations Act Changes to the Charitable Income Tax Deduction

The Consolidated Appropriations Act of 2021 (CAA, Public Law No. 116-260) was signed into law on December 27, 2020. The Act extends and expands changes to the rules of charitable giving enacted under the Coronavirus Aid,...more

End-of-Year Tax Planning for High Net Worth Individuals

We are nearing the end of calendar year 2020 (thankfully!) and it is time to consider end-of-year tax planning. Due to the outcome of the election, there is significantly more certainty about the possibility of tax law...more

Grants to Individuals: An Underused Grantmaking Technique

Many grantmakers are unaware, but private foundations can make direct grants to individuals to further the private foundation’s exempt purpose. Private foundations often focus their grantmaking programs on making grants to...more

Impact of 2020 Election Results for Tax Planning (Webinar Recap)

On Tuesday, November 3rd, Americans went to the polls and cast votes for President, Senators, and House members. In some cases, the results are still being tabulated (or subject to challenge). However, the picture becomes a...more

Comparison of Private Foundation and Donor Advised Fund

Formation - Requires formation of a new corporation or trust; must apply for IRS exempt status. Simple application and donor advised fund agreement with sponsoring organization. ...more

Charitable Planning in the Midst of Uncertainty

For charitably inclined individuals, there is a significant amount of uncertainty brought on by possible policy shifts that may occur if former Vice President Joe Biden is elected and Democrats take a majority in the Senate....more

Tax Planning by Accelerating Gain Recognition into 2020

As part of his campaign platform, Democratic Presidential nominee Joe Biden has released a tax plan which may significantly increase the capital gain tax. Specifically, the platform includes a proposal to eliminate the...more

Mission-Related Investments under Trust Law

As explored in a previous article, the IRS clarified that mission-related investments (MRIs) will not trigger the private foundation “jeopardy investment” rule (that is, a private foundation cannot make investments that would...more

Speculation on the Content and Timing of Potential Tax Law Changes in 2021 and 2022

The November 3 election may have dramatic impacts on the income and estate tax laws. These changes could become effective as early as January 1, 2021. Of course, a big uncertainty is the outcome of the election, and whether...more

Investing in Professional Sports Teams – How Sports Investments Differ from Traditional Models

On September 22, 2020, Foley & Lardner LLP’s Family Office and Sports & Entertainment Groups partnered to highlight various aspects regarding investing in professional sports franchises. The discussion was led by Foley’s...more

Private Foundation Grants Used to Satisfy Personal Pledges May be Self-Dealing

Private foundations are subject to special rules relating to conflicts of interest. These are called “self-dealing” rules. These rules flatly prohibit transactions between interested persons (known as “disqualified persons”)...more

A Quick Outline of the Biden Tax Proposals

As part of his campaign platform, Democratic Presidential nominee Joe Biden has released a tax plan that would significantly increase taxes on high net worth individuals. Although a campaign platform is only a “rough draft”...more

Maintaining Confidentiality of Private Information in Employment in Family Offices

All employers have information that they want to protect and keep secret. From a salesperson’s customer list to Colonel Sanders’ secret blend of 11 herbs and spices, maintaining the confidentiality of private information is...more

Foundation Succession Planning: Considering a Foundation’s Future

When a foundation is initially created, its governing documents are a creature of circumstance—usually, there is some tax or charitable impulse that is driving the creation of the foundation. The attorney or accountant...more

IRS Announces Plans to Increase Audits on High-Net-Worth Individuals and their Related Entities

At the end of June, the Commissioner of the IRS Large Business and International Division announced a new campaign to audit high-net-worth individuals and the entities (such as partnerships, corporations, trusts, and private...more

Sharing the Ball: Where Athlete Philanthropy Has Succeeded or Sailed Out of Bounds

For high-profile athletes commanding mega salaries and worldwide fame, giving back generously to their communities or to a cherished cause is a go-to play. Charitable giving carries limited risk while offering significant...more

Introduction to Family Offices

Each family office we work with is unique to the situation and needs of the family it serves. The key to success is identifying the right business and tax objectives—we take a very client specific approach. In working with...more

Does an Excise Tax Apply When Company Employees Serve as Directors and Officers of the Company Foundation?

New proposed IRS regulations clarify that the tax will not apply in most cases when company officers/employees serve as directors and officers of the company foundation for no compensation from the foundation In a prior blog...more

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