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Nonprofit Law/Boosters keeping individually raised funds?

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Question
My son plays basketball in our school district  and is leaving after this year. He will have over 100 dollars raised from his own individual findraising which was used for his own needs to offset basketball.  We want the money transferred to his sisters boosters account in Cheerleading. Both are non profit and both within the school district. The bb president says no. This has never been done before.  There is nothing stated in their bylaws and the school district has precedent on other clubs and organizations freely distributing and transferring funds from one booster to another. What is the PA law regarding individual find raising for their program?  Thanks in advance.

Answer
I have in my profile that this free forum is only for general questions relating to IRS federal exemption issues of 501(c)(3) organizations. Your issue is controlled by state law and states may differ somewhat with how they would treat such issues. Even though this forum is not for such state law issues, I will give you some general advice.  The first effort you should make is to find out what the 501(c)(3) organization had informed you, before your son's work, that the funds would be controlled by him, either directly or through their published rules regarding refunds or transfers of funds.  His work was not a retail purchase so you are not protected by the State's law regarding those types of refunds. Most states require stores to post their return policies by the cash register or print it on the receipt. Service contracts, (e.g., dating services, wireless phone contracts, etc.) usually give consumers a three day right to cancel but those would not apply to work for a 501(c)(3) organization program. Make sure you send your transfer request and request for refund in writing via certified mail. In any case, you may be covered in what is called unjust enrichment and the small claims court would be able to decide on the matter, but, generally, the claim under unjust enrichment would not apply if there is a contract that addresses the issue of refunds.
http://en.wikipedia.org/wiki/Unjust_enrichment

Harvey Mechanic, Attorney at Law -
Harvey108@hotmail.com

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

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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 Harvey108@hotmail.com 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 "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 and I have maintained my status with the Bar since that time.

Education/Credentials

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

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


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