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Nonprofit Law/cheer/booster club


MY daughter is the mascot at her high school.  Along with four other cheerleaders, they are fundraising for their all american trips.  My daughter has participated in all fundraiser as the other girls.  At a booster club meeting we were told that we were trying to get enough funds through the fundraising to pay $500 to each girls trips.  My daughters trip does not cost as much as some of the others, therefore her coach is telling us that we will only get a precentage of her balance of the trip. That is not what was stated in the meeting.  I am not asking them to cover more than the cost of the trip.  I am just asking if the booster club paid $500 to the other girls trip then in all fairness that my daughters trip should be treated as the same.   (the balance owed is more than the $500, its not like i am asking them to fund the entire trip.  My daughter trip does not cover the air fair, this is an seperated expensive that will be added to her cost.  The other girls entire trip package includes the airfairs, so the expenses are not really that much cheaper for my daughter.

If the 501(c)(3) booster organization made an oral statement with your family that they were going to be providing $500 towards the cost of your daughter's trip that is an offer of a gift or grant and generally the potential recipient of a gift does not have a cause of action to enforce the gift.

Also, the booster organization is not required to fund all beneficiaries with equal funds. They may certainly use a percentage of cost funding model as long as they are not discriminating on the basis of some prohibited reason such as race, religious, fundraising of family or membership of family in the booster organization. My summary of IRS regulations relating to 501c3 booster organizations is at: you may be interested to read that.

Harvey Mechanic, Attorney at Law -

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.  

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Harvey Mechanic


DO NOT GIVE ME INFORMATION THAT YOU WANT KEPT CONFIDENTIAL. I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about 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 possible 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. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "" without the quotes and then add your search terms before hitting enter.


I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.


B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.

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