Our Nonprofit Practice
Tax Exempt Organizations
There is something inherently incredible in our American society, where individuals can organize themselves within a corporation that is dedicated to a charitable mission, that has no stockholders, and that is designed to exist in perpetuity as a pillar of support within our society. Nonprofit organizations touch each of us every day, enriching our lives and our communities, caring for the underprivileged and the elderly, they teach our children, and they provide societal infrastructure and support where government does not.
We are inspired by our clients, by the individuals who work for a greater good, and by the volunteers who discover that in service to community they find self-reliance, leadership, and often, meaning in life. In every aspect of our legal counsel, we are dedicated to be good stewards to nonprofit organizations and to provide legal support to your mission to the best of our ability.
We have organized our firm to serve as an external office of general counsel for nonprofit organizations, working to scale our services to meet your budget, while assisting you to prioritize your organization’s legal needs. We approach our representation of nonprofit organizations with the goal to advance internal controls, good governance, and effective legal management of the specific charitable enterprise.
Our interest and support of the nonprofit sector includes representation of universities, colleges, and schools; university foundations; arts organizations; performance halls; museums; jazz, wind, and symphonic orchestras; research institutes; spiritual centers; religious organizations; free medical clinics; retirement communities; trade associations; private foundations; venture philanthropy funds, and many others.
Our Work Includes:
Counseling on governance design, board optimization, the CEO/ Board relationship, and conflict resolution;
On-going advancement of internal controls, organizational learning, and preservation of institutional knowledge;
Leadership succession planning, hiring, and removal;
Formation of nonprofit organizations and preparation/ submission to the IRS of applications to be recognized as tax exempt pursuant to IRC section 501(c) ;
Drafting and on-going work with charitable trusts, CRATs, CRUTs, and CLATs;
Assistance and support of development officers in connection with major gifts, planned gifts as well as the establishment of scholarships and the endowing of charitable programs and operations;
Establishment and advise on modifications of endowments and institutional funds, as well as advise on fiduciary issues in connection with or arising out of the Uniform Prudent Management of Institutional Funds Act (“UPMIFA”).
Compensation opinions and assistance organizations in the establishment of the rebuttable presumption of reasonableness.
Investigations and advising on excess benefit transaction violations, private inurement violations, and instances of potential financial impropriety;
Assist in bargain sale transactions and in-kind gifts;
Consultation and advice regarding unrelated business income tax;
Managing probate issues and filing of creditor claims on a national basis;
Issues affecting organizations recognized as tax exempt pursuant to IRC section 509(a)(3).
Tax, nonprofit, and 501(c)(3) opinions, and assistance with federal tax reporting, form 990 disclosures, and audit responses;
All manner of general contract work.