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 […]
Walking the Lobbying Tightrope
In these days leading up to Election Day 2016, it’s hard not to talk about political issues. For Section 501(c)(3) organizations, it can be tempting to speak up on issues that affect their mission. Indeed, for many, not speaking out may seem contrary to their mission. Because the presidential candidates have indicated their stance on […]
RHCC Attorney a Daily Journal and callawyer.com Clay Award Recipient
Reynolds Cafferata was one of the members of the legal team honored with a Clay Award from the Daily Journal and callawyer.com for ground-breaking legal work in the Estate of Duke. In the Estate of Duke, the California Supreme Court held that a will with unambiguous terms can be reformed to reflect the testator’s true […]
Overthinking the Play Call
In a Private Letter Ruling released on February 13, the IRS denied an open source software project’s 501(c)(4) exemption application using a rationale sure to invite Monday morning quarterbacking. Rather than simply denying the application on the straight up the middle basis that the open source software project was carrying on a business with the […]
Don’t Count Your Chickens Yet!
A discussion that occurs at nearly every board meeting (not to mention audit, grants and finance/investment committee meetings) of a private foundation is whether the investments and grants for the year can be “managed” to reduce the excise tax on net investment income to 1 percent. Since the enactment of the Tax Reform Act of […]
Dusting Off the Old Charitable Remainder Trust
At Rodriguez, Horii, Choi & Cafferata LLP we have been drafting more charitable remainder trusts in the last year than had been the case for the past decade or so. Three things are driving client interest in a charitable remainder trust. First, as the economy continues to recover, clients have seen their assets appreciate significantly […]