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Nonprofit Law/Questions

SubjectDate AskedExpert
990-N conflict with I.R.S. vs. 9902/7/2012Harvey Mechanic
  Q: I have been unable to find on the IRS.gov/eo website detail regarding the 990-N not having to apply ...
  A: I don't know which of my postings you are referring to but the IRS instructions for Form 990 has on ...
501c4 - spending requirements2/6/2012Harvey Mechanic
  Q: We are a 501c4, Firefighters's Association in CA. The c4 was originally formed to support the ...
  A: For general information about 501(c)(4) organization see www.irs.gov/irm/part7/irm_07-025-004.html ...
Non-Profit Corporation Law2/5/2012Harvey Mechanic
  Q: Is a 501 c(3) organization in California required to provide a members list to any requesting member ...
  A: It appears that the corporation is a California Public Benefit Corporation. http://goo.gl/Zm9Z6 ...
Educational theatre program for high school2/4/2012Harvey Mechanic
  Q: We are a 501c3 public charity supporting theatre education at the local high school. We underwrite ...
  A: Well, it looks like Tim Tebow has influenced changes in rules and laws throughout the United States. ...
Educational theatre program for high school2/4/2012Harvey Mechanic
  Q: We are a 501c3 public charity supporting theatre education at the local high school. We underwrite ...
  A: I don't know what you mean by the "Tim Tebow rule". I did find, --- Start of Excerpt --- In 2010 a ...
school public funds v. booster club funds2/3/2012Harvey Mechanic
  Q: Do you know of any case law that discusses the nature of school public funds as opposed to booster ...
  A: Somebody recently asked me about the Utah Education Law and I explained that the particular law has ...
personal gains from non-profit club assets2/3/2012Harvey Mechanic
  Q: Question A 501(c)(3) organization has allowed members to use the club assets (rock and gems ...
  A: Don't worry about how you classify the club owned assets. What you need to evaluate is not the ...
membership2/2/2012Harvey Mechanic
  Q: We are a recovery hospital that was started by telephone employees and retirees. Our membership is ...
  A: See page 13 of www.irs.gov/pub/irs-pdf/p3833.pdf under the heading "Charitable Class --start of ...
personal gains from non-profit club assets2/2/2012Harvey Mechanic
  Q: Question A 501(c)(3) organization has allowed members to use the club assets (rock and gems ...
  A: Internal Revenue Code section 501(c)(3) which is available at: http://pages.citebite.com/w8p5e1ayxjv ...
membership2/2/2012Harvey Mechanic
  Q: We are a recovery hospital that was started by telephone employees and retirees. Our membership is ...
  A: Is the hospital organization under the California Public Benefit Corporation Law? If not, is it ...
Financial Data Part IX2/2/2012Harvey Mechanic
  Q: I am confused on how to determine if my gross receipts will exceed $10,000.00 for my non-profit ...
  A: There would not be any penalties as long as the estimates are sincere now. See instructions to the ...
are rentals to members taxable income2/1/2012Harvey Mechanic
  Q: I live at a 501c3 non-profit educational school. Members of the school pay rents for lodging on ...
  A: on page 9 of www.irs.gov/pub/irs-pdf/p598.pdf where we see "Rents from real property... are excluded ...
Nonprofit Booster Club2/1/2012Harvey Mechanic
  Q: I am a board member for a high school band booster club. This booster organization is a 501(c)3. ...
  A: Unless you have a contract with the school that requires you to release such information to them, or ...
disbursment of fund2/1/2012Harvey Mechanic
  Q: A corporation agrees to send a check to (not considered a donation for the corp,) a non-profit ...
  A: Revenue Ruling 56-304 has --- Start of Excerpt --- Organizations privately established and funded ...
Adding a dba to an existing Nonprofit1/31/2012Harvey Mechanic
  Q: Harvey, We have a 501C(3) in good standing with both the Federal (IRS) and State (Washington). The ...
  A: You can certainly request the IRS to update their records and issue to you an updated exemption ...
Advance Ruling1/31/2012Harvey Mechanic
  Q: So does the advance ruling means that the IRS will recognize you as a non-profit business business ...
  A: The Application for Exemption is at www.irs.gov/pub/irs-pdf/f1023.pdf and you will see on page 1 ...
Taxability of funds received from a medical fundraiser1/30/2012Harvey Mechanic
  Q: When community organizations hold a medical fundraiser for an individual with a serious and ...
  A: The Internal Revenue Code at section 102(a) provides that generally gifts are not income. "Gross ...
starting a club1/30/2012Harvey Mechanic
  Q: We have a bar and want to turn it into a club. What do we need to do.
  A: The only type of nonprofit organization that you may qualify for is a 501(c)(7) recreational or ...
Fundraising and tax concerns1/30/2012Harvey Mechanic
  Q: Good morning, Thank you for taking the time to read my issue. We have a dear friend suffering from ...
  A: You would treat the activity like a normal business activity for tax purposes. Also you could not ...
Property Transfer1/28/2012Harvey Mechanic
  Q: Recently our 501c(3) association inherited a residential property with an approximate value of ...
  A: Those that want your association to give the property to that partner are proposing a gift, which ...
Property Transfer1/28/2012Harvey Mechanic
  Q: Recently our 501c(3) association inherited a residential property with an approximate value of ...
  A: Internal Revenue Code section 501(c)(3) which is available at: http://pages.citebite.com/w8p5e1ayxjv ...
Director loan to public charity he serves1/28/2012Harvey Mechanic
  Q: I am really getting confused by the IRC 4941, dealing with private foundations, and the law, or lack ...
  A: A conflict of interest is present whenever a director, and in some states an officer) has a ...
avoiding conflict of interest1/27/2012Harvey Mechanic
  Q: I am in the process of starting a non-profit educational institution. In looking for space, one ...
  A: A conflict of interest is present whenever a director, and in some states an officer) has a ...
best practices administration vs disbursements1/27/2012Harvey Mechanic
  Q: Harvey, Thank you for taking the time to answer my question. We are a small volunteer-run 501c3 ...
  A: You are welcome. I have in my profile that this free forum is only for general questions relating ...
public access to information1/26/2012Harvey Mechanic
  Q: There is a non-profit 501-c(3) rail trail nearby that just signed a pipeline option for a large ...
  A: The pipline option will be recorded in the County Recorder of Deeds Office. That is a public ...
Love Offering1/26/2012Harvey Mechanic
  Q: I've been searching for a clear cut answer to the Love Offering question. Our pastor gets a salary ...
  A: The Internal Revenue Code at section 102(a) provides that generally gifts are not income. "Gross ...
High School Booster Clubs1/26/2012Harvey Mechanic
  Q: Our School Board recently required the High School Booster Club to dissolve their non-profit ...
  A: You are welcome. The particular section that you cited to deals with the standard of care that the ...
High School Booster Clubs1/26/2012Harvey Mechanic
  Q: Our School Board recently required the High School Booster Club to dissolve their non-profit ...
  A: First I will inform you that the a school board does not, except by specific contract or specific ...
Non-profit youth sports team1/26/2012Harvey Mechanic
  Q: If a family member sponsors their child/grandchild in a 501c3 organization, the family member is ...
  A: I have in my profile that this free forum is only for general questions relating to IRS federal ...
Non-profit youth sports team1/25/2012Harvey Mechanic
  Q: If a family member sponsors their child/grandchild in a 501c3 organization, the family member is ...
  A: As for any refund, that is controlled by state contract law and there would not be any difference as ...
Non Profit Track CLub1/25/2012Harvey Mechanic
  Q: I am looking at signing my daughter up with a local Track Club. On there web site it says they are a ...
  A: Most universities and private schools are 501(c)(3) organizations and have requirements for fees for ...
Booster Reimbursements1/25/2012Harvey Mechanic
  Q: I am the president of our band booster organization. My husband volunteered to pull the band ...
  A: I have in my profile that this free forum is only for general questions relating to IRS federal ...
Community College Foundations1/25/2012Harvey Mechanic
  Q: In setting-up a foundation to solicit contributions for a community college (building fund, ...
  A: The foundation may be simply a part of the community college. A governmental unit, like a county ...
Church pass through to a 501c31/24/2012Harvey Mechanic
  Q: When a church collects funds for specific charitable organization, ie., Physicians for Peace, is the ...
  A: Pass-Through Contributions As to pass-through funds, see the Google Book Version ...
church building usage1/24/2012Harvey Mechanic
  Q: Can a small independent Christian church use under-utilzed space to temporarily house ...
  A: As long as the church maintains its substantial worship activities, then it can maintain its ...
Non-profit under a non-profit.1/24/2012Harvey Mechanic
  Q: My church has 501 3(c) Status. Can I (as a missionary of the church)Start a foundation under the ...
  A: Your foundation could be a separate committee of the church and use the church's EIN (Employer ...
Catholic church employees compensation disclosure1/23/2012Harvey Mechanic
  Q: I am a contributing member of a catholic church for 41 years. I have asked the Financial Committee ...
  A: 1. Complaints as to excessive compensation could go to your State's Attorney General's Office as ...
Renting from Executive Director of NP1/23/2012Harvey Mechanic
  Q: I am trying to find some information about lease agreements and how they work in the NP world. The ...
  A: A conflict of interest is present whenever a director, and in some states an officer) has a ...
imoney recieved to a non profit org1/22/2012Harvey Mechanic
  Q: is it a law that a non profit organization share with employees how money is distributed or if ...
  A: I have in my profile that this free forum is only for general questions relating to IRS federal ...
amendments to a 501c31/20/2012Harvey Mechanic
  Q: I have a question? A friend of mind has received his 501c3 determination letter. For some he only ...
  A: It appears that your friend filed a Form 1023 with the Internal Revenue Service which is the ...

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Harvey Mechanic

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Expertise

US Federal tax issues of nonprofit 501(c)(3) public charities only. Establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. To search my previous answers you can do a Google search by "site:allexperts.com/q/nonprofit" without the quotes and then add your search terms before hitting enter.

Experience

I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar.

Education/Credentials
B.S. Columbia University in New York City, 1970 J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude

To inquire to have me work for you on matters beyond what I offer on this free forum contact me at 302.824.0757 or to: Harvey108@hotmail.com.

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