On July 14, 2023, the IRS issued Technical Guide 3-10 for Disqualifying and Non-Exempt Activities – Trade or Business Activities – IRC Section 501(c)(3). The TG 3-10 discusses the “fragmentation” of nonprofit and for-profit...more
On June 29, 2023, the U.S. Supreme Court issued its unanimous opinion in the case of Groff v. Dejoy, No. 22-174, 600 U.S. __ (2023).
Facts, Briefly. Gerald Groff, an Evangelical Christian and a Rural Carrier Associate...more
On May 18, 2023, the U.S. Supreme Court issued its 43-page majority opinion in the case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S.
Facts. The facts of the case center around...more
5/22/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Art ,
Artists ,
Commercial Use ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Intellectual Property Litigation ,
Paintings Sculptures and Engravings ,
Photographs ,
SCOTUS ,
The Copyright Act ,
Transformative Use
For tax-exempt public charities, benevolent acts must be considered within the guardrails of section 501(c)(3) of the Internal Revenue Code. To enjoy tax-exemption as an organization described in Section 501(c)(3), the...more
Assume that Owner A deeds to Buyer B real property in Texas via a special warranty deed that contains the following provision:
The property shall be used exclusively for XYZ purposes. In the event said property should...more
On March 17, 2023, the IRS Exempt Organizations and Government Entities Division published two Technical Guides: (1) TG 1 Instrumentalities of the United States, Government Corporations, and Federal Credit Unions; and (2) TG...more
On March 1, 2023, the Department of Labor issued its guidance on Religious Exemption Final Rule Frequently Asked Questions. The DOL’s Guidance dovetails very tightly with the Freeman Law Insights blog published on February...more
This Insights blog addresses the aftermath of the monumental U.S. Supreme Court opinion of Bostock v. Clayton County, 140 S.Ct. 1731 (June 15, 2020) and the ongoing collision of the right to religious freedom enjoyed by...more
3/1/2023
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
LGBTQ ,
Religious Discrimination ,
Religious Institutions ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
IRS Inquiries and Examinations, Generally – Sections 6201 and 7602. Generally, the IRS is authorized and required by 26 U.S.C. § 6201(a) “to make the inquiries, determinations, and assessments of all taxes” imposed by the...more
Sales tax . . . A (if not the most) commonly overlooked tax for nonprofit organizations. This Freeman Law Insights blog focuses on sales tax regime applicable to “admissions” collected by or for nonprofit organizations in...more
On January 13, 2023, the Texas Supreme Court issued its opinion in Marcus & Millichap Real Estate Investment Services of Nevada, Inc. v. Triex Texas Holdings, LLC, __ S.W.3d __, 2023 WL __ (Tex. Jan. 13, 2023) (per curiam)...more
On December 30, 2022, the Texas Supreme Court issued its opinion in Cameron International Corporation v. Martinez, __ S.W.3d __, 2022 WL __ (Tex. Dec. 30, 2022) (per curiam) (“Cameron”). The opinion addresses vicarious...more
In the Netflix series, Breaking Bad, character Jesse Pinkman exclaimed, “Yeah, Science!!” as his meth-lab mentor, Walter White, displayed how chemistry can be used to hone their joint venture. While the activity in which they...more
On December 6th, the IRS proposed regulations (and comment period for same) that would require participants and promoters of syndicated conservation easement transactions to make certain disclosures relating conservation...more
On November 4, 2022, the Tax Exempt and Government Entities division of the IRS (TE/GE) released its Fiscal Year 2023 Program Letter (2023 Program)....more
On September 16, 2022, the IRS published its Exempt Organizations Technical Guide TG 6 IRC 501(c)(6) Business League (“TG6”). TG6 discusses tax exemption of business leagues, chambers of commerce, real estate boards, and...more
For over 15 years, I have represented tax-exempt charitable entities—mega, large, medium, small, and everything in between. Through that experience, I have seen the best of times and the worst of times (and everything in...more
Lawyers and Leadership – Trust is more important now than ever. In November 2003, I (along with a few thousand of my closest colleagues) was sworn in as a lawyer licensed by the State of Texas. The swearing-in required that I...more
Most of the 50 states (and the District of Columbia) have a specific statutory regime for nonprofit corporations. Some states, such as Delaware, regulate nonprofit corporations under general corporate statutes. Over the last...more
Can and should your religious organization seek church status with the IRS? A look at a few pros, cons, and due diligence considerations....more
In 2018 I prosecuted a criminal contempt action in a state court civil proceeding. The contempt action was very difficult for my clients, my law firm, my family, the courts, and opposing counsel. For the first time in my...more
Freeman Law is privileged and proud to serve as outside counsel to various engineering, architectural, and other professional services firms. This segment of Freeman Law focus spans from protecting trade secrets in public...more
On July 15, 2022, Jason Freeman and I concluded a five-day long arbitration. Not between ourselves; rather, we served as counsel for long-time clients in a business dispute that, by agreement with an opposing party, required...more
On July 1, 2022, the IRS, Director of Exempt Organizations issued an array of final adverse determinations with respect to organizations seeking exemption under 26 U.S.C. sections 501(c)(3), 501(c)(4), and 501(c)(7). In these...more
I’ve served as outside general counsel for nonprofit organizations across the nation for over 15 years. This question is re-occurring. So, I thought I would blog a little about it. Not legal or tax advice; just legal and tax...more