Description
Preface Book Citations 1 Introduction to Private Foundations 1.1 Private Foundations: Unique Organizations 1.2 Definition of Private Foundation 1.4 Private Foundation Law Primer 1.5 Foundations in Overall Exempt Organizations Context 1.6 Definition of Charity 1.7 Operating for Charitable Purposes 1.9 Private Foundation Sanctions 1.10 Statistical Profile 1.11 Private Foundations and Law 50 Years Later 2 Starting, Funding, and Governing a Private Foundation 2.1 Choice of Organizational Form 2.3 Estate Planning Principles 2.4 Foundations and Planned Giving 2.5 Acquiring Recognition of Tax-Exempt Status 2.6 Special Requirements for Charitable Organizations 2.7 When to Report Back to the IRS 3 Types of Private Foundations 3.1 Private Operating Foundations 3.3 Conduit Foundations 3.8 Split-Interest Trusts 3.9 Foreign Private Foundations 4 Disqualified Persons 4.1 Substantial Contributors 4.2 Foundation Managers 4.3 Certain 20 Percent Owners 4.4 Family Members 4.5 Corporations or Partnerships 4.6 Trusts or Estates 5 Self-Dealing 5.1 Private Inurement Doctrine 5.2 Private Benefit Doctrine 5.3 Definition of Self-Dealing 5.3A Excess Compensation Tax 5.4 Sale, Exchange, Lease, or Furnishing of Property 5.5 Loans and Other Extensions of Credit 5.6 Payment of Compensation 5.8 Uses of Income or Assets by Disqualified Persons 5.11 Indirect Self-Dealing 5.12 Property Held by Fiduciaries 5.14 Additional Exceptions 5.15 Issues Once Self-Dealing Occurs 6 Mandatory Distributions 6.1 Distribution Requirements–in General 6.2 Assets Used to Calculate Minimum Investment Return 6.3 Determining Fair Market Value 6.5 Qualifying Distributions 7 Excess Business Holdings 7.1 General Rules 7.2 Permitted and Excess Holdings 7.3 Functionally Related Businesses 7.7 Excise Taxes on Excess Holdings 8 Jeopardizing Investments 8.2 Prudent Investments 8.3 Program-Related Investments 9 Taxable Expenditures 9.1 Legislative Activities 9.2 Political Campaign Activities 9.3 Grants to Individuals 9.4 Grants to Public Charities 9.5A Funding of Employee Hardship Programs 9.6 Grants to Foreign Organizations 9.8 Internet and Private Foundations 9.9 Spending for Noncharitable Purposes 9.10A Distributions to Group Exemption Organizations 9.11 Excise Tax for Taxable Expenditures 10 Tax on Investment Income 10.1 Rate of Tax 10.3 Formula for Taxable Income 10.5 Foreign Foundations 11 Unrelated Business Activity 11.1 General Rules 11.2 Exceptions 11.3 Rules Specifically Applicable to Private Foundations 11.4 Unrelated Debt-Financed Income Rules 11.5 Calculating and Reporting the Tax 12 Tax Compliance and Administrative Issues 13 Termination of Foundation Status 13.1 Voluntary Termination 13.3 Transfer of Assets to a Public Charity 13.4 Operation as a Public Charity 13.6 Termination Tax 14 Charitable Giving Rules 14.1 Concept of Gift 14.2 Basic Rules 14.4 Deductibility of Gifts to Foundations 14.5 Qualified Appreciated Stock Rule 14.8 Planned Giving Revisited 14.9 Administrative Considerations 15 Private Foundations and Public Charities 15.2 Evolution of Law of Private Foundations 15.3 Organizations with Inherently Public Attributes 15.4 Publicly Supported Organizations–Donative Entities 15.5 Service Provider Organizations 15.7 Supporting Organizations 15.8 Change of Public Charity Category 15.9 Noncharitable Supported Organizations 16 Donor-Advised Funds 16.1 Basic Definitions 16.3 Types of Donor Funds 16.7 Public Charity Status of Funds 16.9 Statutory Criteria 16.12 Tax Regulations 16.13 DAF Statistical Portrait 16.14 Criticisms and Commentary 17 Corporate Foundations 17.2 Reasons for Establishment of a Corporate Foundation 17.3 Private Inurement Doctrine 17.3A Private Benefit Doctrine 17.5 Self-Dealing Rules 17.6 Other Private Foundations Rules 17.7 Tax on Excess Compensation: Potentially Applicable Exceptions Illustrated Table of Cases Table of IRS Revenue Rulings and Revenue Procedures Table of IRS Private Determinations Cited in Text Table of IRS Private Letter Rulings, Technical Advice Memoranda, and General Counsel Memoranda About the Author About the Online Resources Cumulative Index
