Charitable Organization

New World Infrastructure Organization v. Commissioner
T.C. Memo. 2021-91

On July 20, 2021, the Tax Court issued a Memorandum Opinion in the case of New World Infrastructure Organization v. Commissioner (T.C. Memo. 2021-91). The primary issue presented in New World Infrastructure was whether the petitioner qualified for tax exempt status for purposes of IRC § 501(c)(3). Background to New World Infrastructure Organization v. Commissioner The petitioner is “a successor to a for-profit business that never made any profit.”  This, according to the petitioner, made

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Scott St. Amand September 2, 2021
Charities

Bad News Regarding Religious Tax Exemptions: Peyote is not a “Sacrament”

You can fault Cousin Jedediah for many things—many things—but charisma is not amongst them. It turns out that Jed has developed something of a following. He assures you that it is not a cult, which you have to imagine are the first words out of every cult leader’s mouth when questioned about it. Having drank Jed’s Kool-Aid, the members of his new religious “order” follow him around like willing lambs, but they have made musings

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Scott St. Amand April 16, 2021
Charities

No Charitable Exemption for Medical Marijuana Nonprofits

Uncle Bill is a child of the Sixties. He is told you the story many a time how the lead singer for the Zombies stole his Beatle boots when they played at Old Orchard Beach the summer when he was 17. When Bill calls you out of the blue to discuss a hypothetical charitable exemption for medical marijuana nonprofits, you assume his interest is more than simply academic. After all, as Bill describes it, he

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Scott St. Amand February 8, 2021
Charities

No Charitable Exemption for an Organization Formed to Support One Individual

Explaining the most simple tax concepts to Uncle Bill is a task requiring herculean patience.  Explaining why there will be no charitable exemption for an organization formed to support one individual, even if said individual is his current favorite son, Leroy, left you with a deficit of patience that will not be soon refilled. Background Cousin Leroy is not entirely sure what happened. From what he can remember before he blacked out, he turned the

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Scott St. Amand February 3, 2021
Adverse Determination of Charitable Status

The Korean American Senior Mutual Assoc. Inc. v. Commissioner
T.C. Memo. 2020-129

On September 9, 2020, the Tax Court issued a Memorandum Opinion in the case of The Korean American Senior Mutual Assoc. Inc. v. Commissioner (T.C. Memo. 2020-129). The primary issue before the court in Korean-American was whether The Korean-American Senior Mutual Association, Inc. (KASMA) was operated exclusively for one or more exempt purposes as set forth in IRC § 501(c)(3). Background to The Korean American Senior Mutual Assoc. Inc. v. Commissioner The Korean-American Senior Mutual

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Scott St. Amand September 9, 2020
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