The Tax Law of Charitable Giving

Front Cover
John Wiley & Sons, 2005 M02 22 - 816 pages
The Tax Law of Charitable Giving, Third Edition is completely revised, revamped, and updated. Written in plain English, it can help lawyers, managers, and development directors in tax-exempt organizations make sure they are up to date on all current regulations pertaining to charitable gifts, and that they are well prepared to make decisions about their organization’s fund-development program.

Written by the country’s leading legal authority on tax-exempt organizations and charitable giving, this Third Edition features coverage of:

  • New rules concerning charitable contributions of used vehicles and intellectual property
  • New rules addressing the concepts of income and principal
  • New characterization and ordering rules applicable to charitable remainder trusts
  • Applying the public policy doctrine to the availability of the charitable deduction
  • The impact of the tax cut legislation on the charitable giving rules

The Tax Law of Charitable Giving, Third Edition is a go-to resource for nonprofit lawyers, nonprofit accountants, fundraising professionals, nonprofit executives, directors and managers, nonprofit consultants, financial planners, insurance companies, and corporate and (big) individual donors.

From inside the book

Contents

Part II Basics of Charitable Giving Law
55
Part III Charitable Giving in General
169
Part IV Planned Giving
393
Part V International Charitable Giving
545
Part VI Administration of Charitable Giving Programs
579
Part VII Appendices
639
Table of Cases
683
Table of IRS Revenue Rulings and Revenue Procedures
692
Table of IRS Private Determinations Cited in Text
695
Table of IRS Private Letter Rulings Technical Advice Memoranda and General Counsel Memoranda
698
Table of Cases Discussed in Bruce R Hopkins Nonprofit Counsel
705
Table of Revenue Rulings Discussed in Bruce R Hopkins Nonprofit Counsel
707
Table of Private Letter Rulings and Technical Advice Memoranda Discussed in Bruce R Hopkins Nonprofit Counsel
708
Index
709
Copyright

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Common terms and phrases

Popular passages

Page 281 - ... an educational organization which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on...
Page 549 - The exemption from taxation of money or property devoted to charitable and other purposes is based upon the theory that the government is compensated for the loss of revenue by its relief from financial burden which would otherwise have to be met by appropriations from public funds...
Page 97 - ... no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office.
Page 310 - ... (B) in the case of a letter, memorandum, or similar property, a taxpayer for whom such property was prepared or produced, or (C) a taxpayer in whose hands the basis of such property is determined, for purposes of determining gain from a sale or exchange, in whole or part by reference to the basis of such property in the hands of a taxpayer described in subparagraph (A...
Page 10 - Wherever at the head of some new undertaking you see the government in France, or a man of rank in England, in the United States you will be sure to find an association.
Page 9 - In many cases, though individuals may not do the particular thing so well, on the average, as the officers of government, it is nevertheless desirable that it should be done by them, rather than by the government, as a means to their own mental education — a mode of strengthening their active faculties, exercising their judgement, and giving them a familiar knowledge of the subjects with which they are thus left to deal.
Page 10 - I have shown that these influences are almost null in democratic countries ; they must therefore be artificially created, and this can only be accomplished by associations.
Page 273 - capital assets" means property held by the taxpayer (whether or not connected with his trade or business), but does not include stock in trade of the taxpayer or other property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year, or property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business...
Page 356 - The fair market value is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.

About the author (2005)

Bruce R. Hopkins is a lawyer in Kansas City, Missouri, with the firm of Polsinelli Shalton Welte Suelthaus PC, having practiced law in Washington, D.C., for 26 years. He specializes in the field of charitable giving. His practice ranges over the entirety of tax matters involving charitable giving (including planned giving) and tax-exempt organizations, with emphasis on the formation of nonprofit organizations, acquisition of recognition of tax-exempt status for them, the private inurement and private benefit doctrines, the intermediate sanctions rules, legislative and political campaign activities issues, public charity and private foundation rules, unrelated business planning, use of exempt and for-profit subsidiaries, joint venture planning, review of annual information returns, Internet communications developments, and fundraising law issues.
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 was accorded the Assistant Commissioner's (IRS) Award in 1984.
Mr. Hopkins is the series editor of Wiley's Nonprofit Law, Finance, and Management Series. In addition to The Tax Law of Charitable Giving, Third Edition, he is the author of the Law of Tax-Exempt Organizations, Eight Edition; Planning Guide Nonprofits' Guide to Internet Communications Law; The Law of Intermediate Sanctions: A Guide for Nonprofits; The First Deal Answer Book for Fund-Raisers; The Second Legal Answer Book for Fund-Raisers; The Legal Answer Book for Nonprofit Organizations; The Second Legal Answer Book for Nonprofit Organizations; The Nonprofit Law Dictionary; Starting and Managing a Nonprofit Organizations; The Nonprofit Law Dictionary; Starting and Managing a Nonprofit Organization: A Legal Guide, Fourth; and is the co-author, with Jody Blazek, of Private Foundations: Tax Law and Compliance, Second Edition; also with Ms. Blazek, The Legal Answer Book for Private Foundations; with D. Benson Tesdahl, Intermediate Sanctions: Curbing Nonprofit Abuse; and with Thomas K. Hyatt, 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.
Mr.Hopkins earned his J.D. and L.L. M. degrees at the George Washington University and his B.A. at the University of Michigan. He is a member of the bars of the district of Columbia and the state of Missouri.

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