Nonprofit Law Matters

Monthly Archives: September 2011

Governor Signs Amendment to California Professional Fiduciaries Act

Posted in Charitable Gift Planning

California’s Governor signed AB 997 into law on September 26, 2011.  AB 997 amends the California Professional Fiduciaries Act (the “Act”), which provides for the licensing and regulation of professional fiduciaries via the Department of Consumer Affairs.  Prior law.  The Act defined professional fiduciaries to include a person who serves as trustee for more than… Continue Reading

The IRS Moratorium on Section 501(c)(4) Gift Tax Enforcement Was The Right Thing To Do

Posted in Tax Treatment of Lobbying & Political Activities

Recently, news stories appeared in the New York Times and on Huffington Post, indicating that former IRS Exempt Organizations Director Marc Owens had written to Treasury on behalf of clients unhappy with the IRS July 7 announcement on section 501(c)(4) gift tax enforcement. I agree with Marc that it would have been better for the IRS to… Continue Reading

Making Sense of Taxation of Political Expenditures of Nonprofit Organizations

Posted in Tax Treatment of Lobbying & Political Activities

This is obscure as blog topics go, but worth your time if you advise on candidate-related activities of 501(c) orgs.  By “501(c) orgs,” we mean organizations exempt under section 501(c) of the Internal Revenue Code that aren’t 501(c)(3) public charities and private foundations:  most commonly, unions, trade associations, and social welfare organizations.  Taxation of these… Continue Reading

Successor Liability in a Model A Fiscal Sponsorship

Posted in Public Charities

Fiscal sponsorship can be ideal for startup charitable projects:  operating under the aegis of an existing charity, organizers can test-run a concept before going through the expensive, time-consuming process of applying for exemption under Section 501(c)(3).  But there may be reasons for sponsors to take in established projects as well.  For example, organizers may find… Continue Reading

Social Enterprise at Adler & Colvin

Posted in Social Enterprise

We have been working closely with clients, policy makers, and regulators to help shape the emerging world of for-profit hybrids.  For-profit hybrids include the Benefit Corporation in Vermont, Maryland, New Jersey, and Virginia, and the low-profit, limited liability company (L3C), which is now law in eight states and two Indian Nations.  We have been actively… Continue Reading


Posted in Uncategorized

We’re a 15-attorney firm (quietly assisted by 16 amazing staffers) dedicated solely to the practice of nonprofit, tax-exempt law.  We’re fortunate to have remarkable clients — granting foundations, public charities carrying out the good stuff our society needs, individual philanthropists, social welfare organizations, trade associations, and many others. With this blog, we hope to quickly… Continue Reading