March 1-16, 2004 Issue

Welcome to Our First Online Edition

State Court Says Federal Excess Benefit Tax Standards Should Be Considered in Determining Fairness of Payment

Church may consider past service in determining payment,

and is not limited to previously contracted amounts

Full Article | Comments from Readers

Nonprofit Wins Legal Fees Under EAJA,
But Court Slashes Request by Almost 80%

Attorneys' records do not show why time that looks
excessive and redundant wasn't excessive and redundant

Free Preview | Full Article

Beneficiaries of CRUT Have No Standing to Sue For Breach of Fiduciary Duty by Investment Manager

The Trustee alone has standing to pursue claim
since the Trustee represents the interests of all  

Free Preview | Full Article

Nonprofit Corporation Must Indemnify Treasurer
Who Successfully Defends Against Defamation Suit

Statute requires indemnification where director is "wholly successful"
in a proceeding in which he is named because of his service as director

Free Preview | Full Article

Library May Sell Native America Collection
to Bolster Finances and Ensure Viability

Court says purpose of gift to enhance status
would be frustrated by denial of approval to sell

Free Preview | Full Article

Issues Notes
Kramer and Sikes to lead PBI programs
Thursday with the Editor, March 25

Lessons from Litigation

Medical Residents may pursue antitrust claim
ED gets 8 months for misapplication of federal funds
Catholic plan elects ERISA to avoid local regulation
Illinois Hospital loses real estate tax exemption
Insurance excludes damage by excavation next door
PA Supreme Court invalidates lifetime ban on hiring

Full Article

To the Point

The business hosting our annual fund raising dinner in its auditorium wants to deduct the rental value as a charitable contribution. Is it appropriate to do so?

Answer

Employment Law

Courts enforce covenants not to compete

Full Article

Risk and Reward

Monitor Visitors to Improve Facility Safety
Many people have a narrow view of who constitutes a "visitor" to their facility

Free Preview | Full Article

Tax Matters

Court denies exemption for Peoples Prize
The Tax Court has affirmed an IRS decision to deny charitable tax exempt status for Peoples Prize

Free Preview | Full Article

Say That Again?

 


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