Table of Contents
Preface ix
Book Citations xi
1 Introduction to Private Foundations 1
§ 1.1 Private Foundations: Unique Organizations 1
§ 1.2 Definition of Private Foundation 1
§ 1.9 Private Foundation Sanctions 1
§ 1.10 Statistical Profile 2
2 Starting, Funding, and Governing a Private Foundation 3
§ 2.1 Choice of Organizational Form 3
§ 2.5 Acquiring Recognition of Tax-Exempt Status 3
§ 2.6 Special Requirements for Charitable Organizations 4
§ 2.7 When to Report Back to the IRS 4
3 Types of Private Foundations 7
§ 3.1 Private Operating Foundations 7
§ 3.3 Conduit Foundations 8
4 Disqualified Persons 9
5 Self-Dealing 11
§ 5.1 Private Inurement Doctrine 11
§ 5.2 Private Benefit Doctrine 12
§ 5.3 A Excess Compensation Tax 14
§ 5.4 Sale, Exchange, Lease, or Furnishing of Property 15
§ 5.5 Loans and Other Extensions of Credit 16
§ 5.6 Payment of Compensation 17
§ 5.8 Uses of Income or Assets by Disqualified Persons 17
§ 5.11 Indirect Self-Dealing 19
§ 5.12 Property Held by Fiduciaries 27
§ 5.15 Issues Once Self-Dealing Occurs 32
6 Mandatory Distributions 33
§ 6.1 Distribution Requirements - in General 33
§ 6.2 Assets Used to Calculate Minimum Investment Return 33
§ 6.5 Qualifying Distributions 34
7 Excess Business Holdings 35
§ 7.1 General Rules 35
§ 7.2 Permitted and Excess Holdings 37
§ 7.3 Functionally Related Businesses 37
8 Jeopardizing Investments 39
§ 8.3 Program-Related Investments 39
9 Taxable Expenditures 41
§ 9.1 Legislative Activities 41
§ 9.2 Political Campaign Activities 41
§ 9.3 Grants to Individuals 42
§ 9.9 Spending for Noncharitable Purposes 42
10 Tax on Investment Income 45
§ 10.3 Formula for Taxable Income 45
§ 10.5 Foreign Foundations 45
11 Unrelated Business Activity 47
§ 11.2 Exceptions 47
§ 11.3 Rules Specifically Applicable to Private Foundations 48
§ 11.4 Unrelated Debt-Financed Income Rules 48
§ 11.5 Calculating and Reporting the Tax 49
13 Termination of Foundation Status 57
§ 13.1 Voluntary Termination 57
§ 13.3 Transfer of Assets to a Public Charity 57
§ 13.4 Operation as a Public Charity 57
§ 13.6 Termination Tax 57
14 Charitable Giving Rules 59
§ 14.1 Concept of Gift 59
§ 14.4 Deductibility of Gifts to Foundations 60
§ 14.5 Qualified Appreciated Stock Rule 60
§ 14.9 Administrative Considerations 61
15 Private Foundations and Public Charities 67
§ 15.2 Evolution of Law of Private Foundations 67
§ 15.5 Service Provider Organizations 67
§ 15.7 Supporting Organizations 68
§ 15.8 Change of Public Charity Category 69
§ 15.9 Noncharitable Supported Organizations 70
16 Donor-Advised Funds 71
§ 16.1 Basic Definitions 71
§ 16.3 Types of Donor Funds 71
§ 16.9 Statutory Criteria 71
§ 16.12 Tax Regulations 72
§ 16.13 DAF Statistical Portrait 72
§ 16.14 Criticisms and Commentary 74
Table of Cases 81
Table of IRS Revenue Rulings and Revenue Procedures 87
Table of IRS Private Determinations Cited in Text 91
Table of IRS Private Letter Rulings, Technical Advice Memoranda, and General Counsel Memoranda 99
About the Author 115
About the Online Resources 117
Cumulative Index 119
