While listed as private, are they for insiders’ benefit only?
Many types of organizations that are tax-exempt under Code Section 501(a) must be organized so that no part of the net earnings of the organization inure to the benefit of any private shareholder. Organizations that are tax-exempt under Code Section 501(c)(3) must also be organized and operated exclusively for charitable purposes, which can raise the issue regarding whether the organization operates for public, rather than private benefit. This white paper reviews private inurement and private benefit and case law rulings.
Nixon Peabody LLP
- Counsel in the Rochester, NY office of Nixon Peabody LLP
- Represented organizations ranging from the very small to the very large on all matters relating to nonprofit governance and related issues; also worked with several organizations to guide them through IRS and regulatory audits; assisted numerous charities navigate the various rules regarding charitable solicitations in a market that necessitates the use of social media and electronic communications
- Conducts regular seminars and workshops on nonprofit governance, issues relating to tax-exempt status and charitable solicitations
- Member of the National Association of College and University Attorneys (NACUA) and a member of the Legal Resources Committee and is also involved with the Greater Rochester Association of Women Attorneys, previously serving as a board member as well as chair of their Media Committee and co-chair of the Program Committee; also a member of the American, New York State, and Monroe County bar associations
- Received numerous awards for her commitment to pro bono service; in 2003, she received the William E. McKnight Award from the Monroe County Bar Association; in 2005, she received the Legal Aid Society of New York City Pro Bono Award
- A recipient of Nixon Peabody’s Rodman Peabody Pro Bono Award, winning in 2005, 2006, 2007, 2008 and 2011 to 2015
- Selected by peers for inclusion in The Best Lawyers in America© 2019 in the field of Nonprofit/Charities Law and has been listed in Best Lawyers since 2017
- J.D. degree, summa cum laude, Syracuse University School of Law; M.P.A. degree, Maxwell School of Public Administration; B.A. degree in economics, St. John Fisher College
- Can be contacted at 585-263-1164 or [email protected]
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