The Tax Law of Charitable Giving, Third Edition 2009 Cumulative Supplement
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The Tax Law of Charitable Giving, Third Edition is completely revised, revamped, and updated. Written in plain English, it can help lawyers, managers, and development directors in tax-exempt organizations make sure they are up to date on all current regulations pertaining to charitable gifts. Detailed documentations and citations are provided. As well, references to regulations, rulings, cases, and tax literature are included. Professionals can ensure they are well prepared to make decisions about their organization s fund-development program.


Bruce R. Hopkins is a senior partner in the law firm of Polsinelli Shalton Flanigan Suelthaus PC, practicing in the firm’s Kansas City, Missouri, and Washington, D.C., offices. He specializes in the field of charitable giving. His practice ranges over the entirety of tax matters involving charitable giving (including planned giving) and tax-exempt organizations, with emphasis on the formation of nonprofit organizations, acquisition of recognition of tax-exempt status for them, the private inurement and private benefit doctrines, the intermediate sanctions rules, legislative and political campaign activities issues, public charity and private foundation rules, unrelated business planning, use of exempt and for-profit subsidiaries, joint venture planning, tax shelter involvement review of annual information returns, Internet communications developments, and fundraising law issues. Mr. Hopkins served as chair of the Committee on Exempt Organizations, Tax Section, American Bar Association; chair, Section of Taxation, National Association of College and University Attorneys; and president, Planned Giving Study Group of Greater Washington, D.C. Mr. Hopkins is the series editor of Wiley’s Nonprofit Law, Finance, and Management Series. In addition to The Tax Law of Charitable Giving, Third Edition, he is the author of Charitable Giving LawMade Easy; IRS Audits of Tax-Exempt Organizations: Policies, Practices, and Procedures; The Law of Tax-Exempt Organizations, Ninth Edition; The Planning Guide for the Law of Tax-Exempt Organizations Strategies and Commentaries; The Law of Fundraising, Third Edition; The Tax Law of Associations; The Tax Law of Unrelated Business for Nonprofit Organizations; The Nonprofits’ Guide to Internet Communications Law; The Law of Intermediate Sanctions: A Guide for Nonprofits; Starting and Managing a Nonprofit Organization: A Legal Guide, Fourth Edition; Nonprofit Law Made Easy; 650 Essential Nonprofit Law Questions Answered; The First Legal Answer Book for Fund-Raisers; The Second Legal Answer Book for Fund-Raisers; The Legal Answer Book for Nonprofit Organizations; The Second Legal Answer Book for Nonprofit Organizations; and The Nonprofit Law Dictionary; and is the co-author, with Jody Blazek, of Private Foundations: Tax Law and Compliance, Second Edition; also with Ms. Blazek, The Legal Answer Book for Private Foundations; and with Thomas K. Hyatt, The Law of Tax-Exempt Healthcare Organizations, Second Edition. He also writes Bruce R. Hopkins’ Nonprofit Counsel, a monthly newsletter published by John Wiley & Sons.

Mr. Hopkins earned his J.D. and L.L.M. degrees at the GeorgeWashington University and his B.A. at the University of Michigan. He is a member of the bars of the District of Columbia and the state of Missouri. Mr. Hopkins the 2007 Outstanding Nonprofit Lawyer Award (Vanguard Lifetime Achievement Award) from the American Bar Association, Section of Business Law, Committee on Nonprofit Corporations. He is listed in The Best Lawyers in America, Nonprofit Organizations/Charities Law, 2007–2009.




Chapter One: Charitable Giving Law: Basic Concepts.

*1.4 Statistical Profile of Charitable Sector.

Chapter Two: The United States Tax System: An Overview.

*2.5 Deductions.

*2.6 Standard Deduction.

*2.7 Concept of Taxable Income.

*2.15 Tax Treatment of Income.

2.16 Capital Assets, Gains, and Losses.


Chapter Three: Fundamental Concepts.

*3.1 Meaning of Gift.

*3.4 Public Charities and Private Foundations.

3.7 Grantor Trust Rules.

Chapter Four: Gifts of Money and Property.

4.5 Certain Gifts of Capital Gain Property.

4.6 Gifts of Property for Unrelated Use.


Chapter Six: Timing of Charitable Deductions.

*6.5 Gifts of Securities.

6.12 Gifts of Real Property.

6.13 Gifts by C Corporations.

*6.13A Gifts by S Corporations.

6.14 Gifts by Partnerships.

Chapter Seven: Percentage Limitations.

7.3 Corporation’ Taxable Income.

7.4 Percentage Limitations: An Overview.

7.18 Percentage Limitation for Corporations.

Chapter Eight: Estate and Gift Tax Considerations.

*8.2 Federal Gift Tax.

*8.3 Federal Estate Tax.

*8.7 Remainder Interests.

Chapter Nine: Special Gift Situations.

9.1 Works of Art.

*9.3 Inventory.

*9.4 Scientific Research Property.

*9.5 Computer Technology or Equipment.

*9.7 Real Property Used for Conservation Purposes.

*9.10 Retirement Plan Accounts.

9.21 Future Interests in Tangible Personal Property.

9.23 Partial Interests.

9.25 Motor and Other Vehicles.

9.26 Intellectual Property.

9.27 Foreign Tax Credit.

Chapter Ten: Other Aspects of Deductible Giving.

*10.1 Valuation of Property.

*10.14 Penalties.

*10.15 Transactions of Interest (New).

*10.16 Noncash Contributions Reporting Requirement (New).


Chapter Twelve: Charitable Remainder Trusts.

*12.1 Definitions.

12.2 Charitable Remainder Annuity Trust Rules.

12.3 Charitable Remainder Unitrust Rules.

12.4 Issues.

12.5 Tax Treatment of Distributions.

*12.5A Division of Charitable Remainder Trusts (New).

12.6 Early Terminations of Charitable Remainder Trusts.

*12.7 Taxation of Charitable Remainder Trusts.

12.8 Mandatory Provisions.

Chapter Fifteen: Other Gifts of Remainder Interests.

15.3 Undivided Portions of Entire Interests in Property.

Chapter Sixteen: Charitable Lead Trusts.

16.1 General Rules.

*16.6 Percentage Limitation Rules.

Chapter Seventeen: Gifts of and Using Life Insurance.

17.6 Charitable Split-Dollar Insurance Plans.

17.7 Applicable Insurance Contract Reporting Requirements.


Chapter Twenty One: Receipt, Recordkeeping, and Reporting Requirements.

*21.1 Substantiation and Other Receipt Requirements.

21.2 Appraisal Requirements.

*21.3 Reporting Requirements.

Chapter Twenty Two: Disclosure Requirements.

22.1 Disclosure by Charitable Organizations in General.

*22.2 Quid Pro Quo Contribution Rules.


*Appendix A (Revised) Sources of the Law.

*Appendix C (Revised) Form 8283—Noncash Charitable Contributions.

*Appendix D (Revised) Form 8282—Donee Information Return.

*Appendix E Inflation-Adjusted Insubstantiality Threshold—$50 Test.

*Appendix F Inflation-Adjusted Insubstantiality Threshold—$25 Test.

*Appendix G Inflation-Adjusted Low-Cost Article Definition.

*Appendix H Monthly Federal Interest Rates Used in Valuing Partial Interests (IRC §7520).

Appendix I Deemed Rates of Return for Transfers to New Pooled Income Funds.

*Appendix I-1 (New) Form 1098-C.

Appendix K Hurricane Relief Legislation, Including Temporary Charitable Incentives, Enacted.


*Cumulative Table of Cases.

*Cumulative Table of IRS Revenue Rulings and Revenue Procedures.

*Cumulative Table of IRS Private Determinations Cited in Text.

*Cumulative Table of IRS Private Letter Rulings, Technical Advice Memoranda, and General Counsel Memoranda.

*Cumulative Table of Cases Discussed in Bruce R. Hopkins’ Nonprofit Counsel.

*Cumulative Table of Revenue Rulings Discussed in Bruce R. Hopkins’ Nonprofit Counsel.

Cumulative Table of Private Letter Rulings and Technical Advice Memoranda Discussed in Bruce R. Hopkins’ Nonprofit Counsel.

Cumulative Index.


"This supplement integrates the applicable parts of the American Jobs Creation Act and the Working Families Tax Relief Act, both of 2004, into The Tax Law of Charitable Giving. A table of contents clearly lays out the supplemental materials and where they fit into the 2005 text. Hopkins provides a preface summarizing recent cases, rulings, tax laws, and trends, including the IRS revision of Form 990 and its impact on charitable organizations." (Book News, May 2009)