SPECIAL APRIL FIRST ISSUE
Rumors that First Lady Michelle Obama will be the luncheon speaker at the EO Committee meeting on May 7 have been confirmed. Credit for the coup goes to Celia Roady, who goes to the same Jazzercise class as Michelle.
Paul Streckfus, Editor
SPECIAL APRIL FIRST ISSUE
Rumors that First Lady Michelle Obama will be the luncheon speaker at the EO Committee meeting on May 7 have been confirmed. Credit for the coup goes to Celia Roady, who goes to the same Jazzercise class as Michelle.
(1) College Graduation Rates
(2) Upcoming Program
(3) Comp Consultants Don’t Restrain Pay
Why caps may be the only answer.
(4) Chuck Grassley on Provena Decision
ABA’s Recommendations for More PRI Examples
I’m reprinting below the recent comments of the ABA’s Tax Section. I’ve also reprinted my prior comments on the ABA’s earlier recommendations. I continue to have concerns that we will have an “anything goes” situation with private foundations and their PRIs. Who determines a below-market rate of interest and how? Who determines that conventional sources of financing are not available and how? Who determines that no for-profit investors are interested and how? Should equity investments and “equity kickers” be allowed in any instances? Doesn’t the potential for high profits attract venture capital? Should foundations become owners of the ventures they are financing?
We’ll probably be able to wrap up transcripts of the January 22 EO Committee meeting this week. Today I have Part 2 of the panel on Foreign Activities and Withholding. Next out of the chute will be the panel on Accounting Developments Affecting Charities and 990 Reporting. We’ll complete our cavalcade of transcripts with the panel on Section 501(c)(7) Social Clubs. What an exciting way to start March!
In response to EO Tax Journal 2010-29, a retired EO agent sent along these comments:
“Back in 1975, when I signed on to EO, we really had a group of passionate revenue agents who took the time and made an effort to know and apply the law. Everyone was so committed to making the right decision and correctly interpreting the law — so what happened? IRS training for revenue agents went downhill as the senior agents retired and management thought EO audits were not worthwhile — no big dollar adjustments, a silly change/no change letter, and not so much as a warning about better behavior or else!
“But then, so it seems, IRS tried a different tack. We won’t audit EOs as much, but we will make the Form 990 more informative to the public. So now this document can be viewed by the public and everyone will have a clear idea of what the exempt organization does and where its money comes from and how it is spent. Oh my — as a member of various charitable/civic/community organizations I’m asked to assist in the preparation of the 990 as soon as they find out I am a former EO revenue agent. I had to laugh the first time I tried to get my arms around that return again after several years. It is so overly complicated for a smaller organization that just meets the filing requirement. Trying to categorize income and expenses according to the form was exhausting. And then when a small 501(c)(3) has to file Schedule A and B (I think that’s right) because they have one or two very generous donors, more drama. ‘Do I really have to put Mrs. X’s name down?’ And so it goes.
1 — Personal Recollections (feel free to skip)
I confess — I read the obituary page of the Baltimore Sun. Octogenarian Louis E. Queral died on February 24. As a kid, I knew Louis was an M.D. from his framed diplomas when I visited his son, Luis. His son enrolled in my grade school in 1959 as a seventh grader, shortly after his family had emigrated from Cuba. Apparently Luis’ family was on good terms with Fidel Castro, despite leaving Cuba. When Castro came to the United States — I recall to speak at the United Nations in 1960 — Luis’ family was there to greet him and Luis came back with a photo of him with a beaming Fidel. At that time the great debate was whether Castro was a Communist. While my grade school classmates were generally apolitical, we had a few big mouths who, finding that Luis defended Castro, would berate him during recess, yelling that Castro was a Communist and that anyone defending him must be a Communist, too. Luis got his revenge a few years later, when all the girls in the neighborhood decided Luis was hot — think a young Ricky Ricardo (Desi Arnaz).
God willing and the Creek don’t rise, I should have a transcript of Sarah Hall Ingram’s February 5 remarks in the next day or two. Speaking of Sarah and her domain, I think most people are coming around to the reality that we have a serious problem with charity regulation in this country. Now everyone is trying to come up with solutions, which is good, but most of the proposed solutions seem to me to come with their own problems. In this vein, The Chronicle of Philanthropy had two interesting viewpoint articles in its February 25 issue.
1 – Old Business
Eve Borenstein weighs in on retroactive revocations.
2 – On the Road to Certiorari?
For most of us, we just want to know when it’s over. The latest step in the long-running medical residents saga is now a petition for certiorari, reprinted below. Normally I’d call this a slam dunk, as Ted Olson’s pals on the Supreme Court would say come on in, but now that Ted is advocating for same-sex marriages, is he persona non grata? Unfortunately, on such considerations is the law of the land decided.
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If this transmission is successful, I have in the wings (sorry for the redundancy) a transcript of the recent ABA panel on supporting organizations ready to go. I suspect a lot of people would like to read what was discussed in Texas with Emily Lam and Phil Hackney, so we’ll see. Hopefully you received the panel discussion on News from the IRS and Treasury, sent on Monday.
What are we to make of the Mysteryboy case recently handed down by the Tax Court (Mysteryboy Incorporation v. Commissioner, filed January 26, 2010)?
Last Friday ABA tax attorneys met in San Antonio. As part of the gathering, EO practitioners had their usual daylong meeting. For those of us not in attendance, my transcriber is already working on the first session. Now you know why she hates me.
1 – Leave Our Guy Alone
In Monday’s email update on The Chronicle of Higher Education’s annual survey of salaries of leaders of public universities, it was noted that “As in 2008, E. Gordon Gee, president of Ohio State University, topped the Chronicle’sranking for 2009, with an annual compensation package valued at nearly $1.6 million.”
1 – David Epstein on Marc Owens’ Comments on Need for Determinations Function
2 – Jim Hasson on University Tax Avoidance
3 – Pay Rises for Leaders of Colleges, Survey Says
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1 – FASB To Form Not-for-Profit Advisory Committee
2 – Editor’s Commentary on New Agency to Regulate Charities
3 – Latest Comment Letter on Proposed 509(a)(3) Regs
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