Professors
David Samuels and Jacueline Valouch
Examines the
structure, governance, operation, and regulation of charitable
organizations. Such not-for-profit entities, which are ordinarily tax
exempt, include public charities, private foundations, and charitable
trusts; collectively, they control billions of dollars in charitable
assets. Considers the distinctions between not-for-profit and business
corporations, focusing on the responsibilities, obligations, and potential
liabilities of officers, directors, and trustees of charitable
organizations. Explores IRS rules concerning self-dealing, deductibility
of contributions, and taxation of unrelated business income. Considers
cases extending First Amendment protection for solicitation of charitable
funds and the impact of such decisions on the efforts of the states
(including New York) to regulate fraudulent, deceptive, and misleading
solicitations.