RHC&C Remarks – A Blog

Andrew Atkin and Reynolds Cafferata of RHC&C Law

Self-Dealing — Not Just Do No Harm, Just Don’t Do it

Private foundations are subject to self-dealing rules that can be difficult to navigate. The difficulties arise in part because the self-dealing rules can be violated by transactions that provide a benefit to the foundation. Further, self-dealing transactions can occur even when there is not a direct transaction between the foundation and a related party. Reynolds […]

Pinkert v. Schwab Charitable Fund

Latest DAF Ruling

Donors Lack Standing to Challenge Action of DAF Sponsor Unless DAF Made a Specific Promise In Philip Pinkert v. Schwab Charitable Fund, Case No. 20-cv-076657-LB (N.D., Cal.), the court dismissed the lawsuit of a donor to a donor advised fund (“DAF”) for lack of standing.  In Pinkert, the donor made contributions to Schwab Charitable Fund […]

Reynolds Cafferata

Reynolds Cafferata has been included in Marquis Who’s Who

Mr. Cafferata was named 2018 “Lawyer of the Year” for Los Angeles in the area of Non-profit/Charities Law by Best Lawyers LOS ANGELES, CA, January 25, 2018 | 24-7 Press Release Reynolds Cafferata, JD, has been included in Marquis Who’s Who. As in all Marquis Who’s Who biographical volumes, individuals profiled are selected on the […]

Reynolds Cafferata, Best Kawyers, Lawyer of the Year 2018, Non-Profit Charitable Law

Reynolds T. Cafferata is named 2018 “Lawyer of the Year”

Rodriguez, Horii, Choi & Cafferata LLP partner Reynolds T. Cafferata has been named 2018 “Lawyer of the Year” for Los Angeles in the area of Non-profit/Charities Law by Best Lawyers®. This is Mr. Cafferata’s second “Lawyer of the Year” recognition by the publication and his peers.  In 2011, Mr. Cafferata was named “Lawyer of the […]

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Proposed Section 457(f) Regulations

As part of the American Jobs Creation Act of 2004, a new Section 409A was added to the Internal Revenue Code.  Section 409A generally provides that, unless certain requirements are met, amounts deferred under a nonqualified deferred compensation plan for all taxable years are currently includible in gross income to the extent not subject to a […]

New York view

Should the Alleged Political Activities of the Trump and Clinton Foundations Result in a Loss of Their Tax Exemption under Section 501(c)(3)?

Election year 2016 has something for everyone, including tax-exempt law practitioners. Along with the discussion of Russian hackers and pocket Constitutions have been charges against the Trump and Clinton Foundations involving whether either has violated the laws regarding their tax-exempt status. Many of the charges against both Foundations no doubt are politically motivated and have […]

Trump vs. Clinton vs. Charity

Both Donald Trump and Hillary Clinton say they are protecting the charitable deduction in their tax plans. Hillary Clinton initially proposed limiting the charitable deduction to the 28% tax rate even if the donor was in a higher bracket, but at the AFP Conference in March, she backed away from this proposal. Donald Trump excludes […]