{"title":"Court Explores Concept of Research","authors":"","doi":"10.1002/npc.30866","DOIUrl":"10.1002/npc.30866","url":null,"abstract":"<p>It has been some time since a court explored the concept of <i>research</i> in the tax-exempt organizations law context, such as in connection with the field of scientific research or the unrelated business rules. A recent US Tax Court opinion, however, reviewed this concept in the setting of the research and development tax credit (IRC § 41) (<i>Leon Max v. Commissioner</i> (March 29)). While the statutory law concerning the credit is more detailed, the basic issue in both tax fields is the same: Is the activity truly research or is it merely carried on incident to commercial operations (e.g., testing or designing)? As the following illustrates, the law in this regard as to the credit generally aligns with exempt organizations law.</p>","PeriodicalId":100204,"journal":{"name":"Bruce R. Hopkins' Nonprofit Counsel","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1002/npc.30866","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78664948","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"IRS Issues Guidance as to Pandemic-Related Aid Grants","authors":"","doi":"10.1002/npc.30868","DOIUrl":"10.1002/npc.30868","url":null,"abstract":"<p>The IRS announced, on March 30, that emergency financial aid grants made by higher education institutions, federal or state agencies, or other scholarship-granting organizations to students because of an event related to the COVID-19 pandemic are not included in the students’ gross income (IR-2021-70).</p><p>Also, the IRS stated, students should not reduce an amount of qualified tuition and related expenses by the amount of an emergency financial aid grant. The agency said that, if students used any portion of the grants to pay for qualified tuition and related expenses on or before December 31, 2020, they may be eligible to claim a tuition and fees deduction or the American Opportunity Credit or Lifetime Learning Credit on the 2020 tax return. (The tuition and fees deduction is not available for tax years beginning after December 31, 2020.)</p><p>Because students do not include these emergency financial aid grants in their gross income, the IRS said that higher education institutions are not required to file or furnish Forms 1099-MISC reporting the grants made available by the Coronavirus Aid, Relief, and Economic Security Act or the COVID-related Tax Relief Act and do not need to report the grants on Form 1098-T (box 5).</p><p>But any amounts that qualify for the tuition and fees deduction or the two credits are considered <i>qualified tuition and related expenses</i> and thus trigger the reporting requirements (IRC § 6050S). Higher education institutions must include qualified tuition and related expenses paid by emergency financial aid grants awarded to students in Form 1098-T (box 1).</p>","PeriodicalId":100204,"journal":{"name":"Bruce R. Hopkins' Nonprofit Counsel","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1002/npc.30868","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91230762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"TIGTA Explores Obstacles to IRS EO Law Enforcement","authors":"","doi":"10.1002/npc.30853","DOIUrl":"10.1002/npc.30853","url":null,"abstract":"<p>As also discussed in the December 2020 issue, TIGTA's FY 2021 audit plan references a review of the IRS's policies and audit procedures to identify improper conduct by exempt organizations and determine whether the IRS has sufficient information to combat abuse and enforce federal tax laws.</p>","PeriodicalId":100204,"journal":{"name":"Bruce R. Hopkins' Nonprofit Counsel","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1002/npc.30853","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73054046","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"TIGTA Wants Increase in IRS UBI Enforcement","authors":"","doi":"10.1002/npc.30852","DOIUrl":"10.1002/npc.30852","url":null,"abstract":"<p>As discussed in the December 2020 issue, the 2021 Annual Audit Plan of the Office of the Treasury Inspector General for Tax Administration includes a review of the TE/GE Division's efforts to identify and examine tax-exempt organizations with unreported or underreported unrelated business income tax. TIGTA's report on the topic is dated February 24.</p>","PeriodicalId":100204,"journal":{"name":"Bruce R. Hopkins' Nonprofit Counsel","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1002/npc.30852","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83069699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Fidelity Charitable Prevails in Stock Gift Promises Case","authors":"","doi":"10.1002/npc.30851","DOIUrl":"10.1002/npc.30851","url":null,"abstract":"<p>The US District Court for the Northern District of California, by decision dated February 26, ruled in favor, on all counts, of the Fidelity Investments Charitable Gift Fund, in litigation against it, which asserted breaches of promises made to two donors who contributed stock to one of this sponsoring organization's donor-advised funds (<i>Fairbairn v. Fidelity Investments Charitable Gift Fund</i>).</p>","PeriodicalId":100204,"journal":{"name":"Bruce R. Hopkins' Nonprofit Counsel","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1002/npc.30851","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75089975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Administrative Office of Religious Organization Held Eligible for Real Estate Tax Exemption","authors":"","doi":"10.1002/npc.30859","DOIUrl":"10.1002/npc.30859","url":null,"abstract":"<p>The Tax Court of New Jersey, by decision dated March 4, held that an administrative office building owned by a religious and charitable corporation is entitled to real estate tax exemption because the office operations directly further the entity's exempt purposes (<i>Ocean Grove Camp Meeting Association of the United Methodist Church v. Township of Neptune</i>).</p>","PeriodicalId":100204,"journal":{"name":"Bruce R. Hopkins' Nonprofit Counsel","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1002/npc.30859","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74691147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"IRS Summarizes 27-Month Rule Procedures","authors":"","doi":"10.1002/npc.30858","DOIUrl":"10.1002/npc.30858","url":null,"abstract":"<p>A memorandum from EO Rulings and Agreements, dated March 17, provides updated guidance in connection with the 27-month rule by which recognition of exemption applies retroactively (see the summary of this rule in the March 2021 issue).</p>","PeriodicalId":100204,"journal":{"name":"Bruce R. Hopkins' Nonprofit Counsel","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1002/npc.30858","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89960412","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"IRS Inventories FY 2020 EO Accomplishments","authors":"","doi":"10.1002/npc.30841","DOIUrl":"10.1002/npc.30841","url":null,"abstract":"<p>The TE/GE Division, on February 8, issued a summary of its fiscal year 2020 accomplishments (Pub. 5329 (Rev. 1-2021)). During this period, the Division “continued to identify compliance work through [its] compliance strategy process.” The TE/GE Compliance Governance Board functioned to “identify, prioritize and allocate resources within the TE/GE filing population.” The Division's queries were “based on quantitative criteria, used to identify high risk areas of noncompliance and focus on issues with the greatest impact.” It continued to process referrals, engage in compliance checks, and issue educational letters.</p>","PeriodicalId":100204,"journal":{"name":"Bruce R. Hopkins' Nonprofit Counsel","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1002/npc.30841","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88523691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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