EllenAprill.bsky.social
@ellenaprill.bsky.social
John E. Anderson Professor of Tax Law, Emerita LMU Loyola Law School; Senior Scholar in Residence, Lowell Milken Center for Philanthropy and Nonprofits, UCLA School of Law. My scholarly papers: https://papers.ssrn.com/sol3/results.cfm?RequestTimeout=500000
Clarification- the notice refers to section 501(c)(3)s as eligible contributors but does not raise the private foundation issue
December 4, 2025 at 6:33 PM
Clarification- the notice refers to section 501(c)(3)s as eligible contributors but does not raise the private foundation issue
But the Notice of Intent to Promulgate regulations for these accounts does not address that issue. www.irs.gov/pub/irs-drop...
www.irs.gov
December 4, 2025 at 1:42 AM
But the Notice of Intent to Promulgate regulations for these accounts does not address that issue. www.irs.gov/pub/irs-drop...
Indeed the Dec 2 White House annoucement identifies "qualifying charities as eligible donors www.whitehouse.gov/articles/202...
Landmark Dell Gift Supercharges Trump Accounts for America’s Kids
Today, President Donald J. Trump joined top lawmakers and philanthropists Michael and Susan Dell to celebrate an extraordinary milestone for Trump
www.whitehouse.gov
December 4, 2025 at 1:41 AM
Indeed the Dec 2 White House annoucement identifies "qualifying charities as eligible donors www.whitehouse.gov/articles/202...
My guess is that the regulations promulgated re these accounts will include a provision permitting donations from private foundations.
December 4, 2025 at 12:49 AM
My guess is that the regulations promulgated re these accounts will include a provision permitting donations from private foundations.
Last category seems the best fit, but I note that Treas. reg. 53.4945-4(c)(3) requires at least an annual report from the grantee.
December 4, 2025 at 12:40 AM
Last category seems the best fit, but I note that Treas. reg. 53.4945-4(c)(3) requires at least an annual report from the grantee.
Approval from the IRS is needed. Permitted purposes: (1) scholarships at schools; (2) prize or award in recognition of past achievement, and (3) grants to achieve a specific objective, produce a report, and - a broad purpose - to enhance the capacity, skill or talent of the grantee.
December 4, 2025 at 12:40 AM
Approval from the IRS is needed. Permitted purposes: (1) scholarships at schools; (2) prize or award in recognition of past achievement, and (3) grants to achieve a specific objective, produce a report, and - a broad purpose - to enhance the capacity, skill or talent of the grantee.
Undoubtedly the IRS and the Dell Foundation will work it out (Sec. Bessent is Sec of Treasury AND CIR, after all), but I do wonder how these grants satisfy the requirements of IRC sec 4945(g) for grants to individuals.
December 4, 2025 at 12:39 AM
Undoubtedly the IRS and the Dell Foundation will work it out (Sec. Bessent is Sec of Treasury AND CIR, after all), but I do wonder how these grants satisfy the requirements of IRC sec 4945(g) for grants to individuals.
Thanks much, Brian. Here is the link to my piece that has a lenghthy discussion of the Red Cross: papers.ssrn.com/sol3/papers....
Governmental and Semi-Governmental Federal Charitable Entities
The standard view of the relationship between government and the nonprofit charitable sector treats them as separate and distinct. But they are not. Numerous fe
papers.ssrn.com
December 3, 2025 at 4:11 PM
Thanks much, Brian. Here is the link to my piece that has a lenghthy discussion of the Red Cross: papers.ssrn.com/sol3/papers....
FYI George Yin has suggested that under Trump v US., 7217 is unconstitutional as applied to the President. What i fear is a new version of 501p8 defining the term and giving the Treasury Sec the authority to designate. Not an IRS investigation so 7217 wouldn't apply. Thoughts?
September 23, 2025 at 12:24 AM
FYI George Yin has suggested that under Trump v US., 7217 is unconstitutional as applied to the President. What i fear is a new version of 501p8 defining the term and giving the Treasury Sec the authority to designate. Not an IRS investigation so 7217 wouldn't apply. Thoughts?
Hi, Sam. Hope you are healing quickly. ACLU does have an affiliated c-3. Also, I expect a big administration push for Congress to enact 501(p)(8), giving the Treasury Secretary so much authority to declare any tax-exempt organization a terrorist one. Do you think so, too?
September 18, 2025 at 2:00 PM
Hi, Sam. Hope you are healing quickly. ACLU does have an affiliated c-3. Also, I expect a big administration push for Congress to enact 501(p)(8), giving the Treasury Secretary so much authority to declare any tax-exempt organization a terrorist one. Do you think so, too?
Oh. So sorry, Sam. Glad it was a minor injury
September 18, 2025 at 12:43 AM
Oh. So sorry, Sam. Glad it was a minor injury
Great timing on publication of the piece!
August 26, 2025 at 9:10 PM
Great timing on publication of the piece!
Thanks so much! Missed that post and the 990 on the website. Shouldn't have relied on my phone to follow this. In general and to my dismay I am finding fewer and fewer 990s on organizations' own websites.
August 19, 2025 at 4:38 AM
Thanks so much! Missed that post and the 990 on the website. Shouldn't have relied on my phone to follow this. In general and to my dismay I am finding fewer and fewer 990s on organizations' own websites.
Would appreciate knowwhere you got the 2024 990
August 19, 2025 at 3:18 AM
Would appreciate knowwhere you got the 2024 990
I see 2023 990 on Pro Publica Nonprofit Explorer.
August 19, 2025 at 2:49 AM
I see 2023 990 on Pro Publica Nonprofit Explorer.
Agree that the White House does not have authority for this, although it could pressure Congress re its funding. Contrary to the statement, but the Smithsonian has at times been treated as an part of the executive branch. See this piece of mine. papers.ssrn.com/sol3/papers.... executive agency.
Governmental and Semi-Governmental Federal Charitable Entities
The standard view of the relationship between government and the nonprofit charitable sector treats them as separate and distinct. But they are not. Numerous fe
papers.ssrn.com
August 15, 2025 at 5:20 PM
Agree that the White House does not have authority for this, although it could pressure Congress re its funding. Contrary to the statement, but the Smithsonian has at times been treated as an part of the executive branch. See this piece of mine. papers.ssrn.com/sol3/papers.... executive agency.
All the best!
August 15, 2025 at 4:51 PM
All the best!
Thanks, Brian. (Jill is here: jillh.bsky.social.) I think you are referring to this recently posted piece of ours: papers.ssrn.com/sol3/papers....
Fiduciaries, Constituencies, and the Duty of Loyalty in Modern Nonprofits
A fiduciary of a charity has a fundamental duty to act in good faith and in a manner the fiduciary reasonably believes to be in the best interests of the charit
papers.ssrn.com
August 13, 2025 at 9:43 PM
Thanks, Brian. (Jill is here: jillh.bsky.social.) I think you are referring to this recently posted piece of ours: papers.ssrn.com/sol3/papers....
My advice for new law profs - keep a teaching diary. What worked, what didn't, what you wish you had done differently. Useful for next time and helps you to sleep at night without berating yourself.
July 31, 2025 at 12:59 AM
My advice for new law profs - keep a teaching diary. What worked, what didn't, what you wish you had done differently. Useful for next time and helps you to sleep at night without berating yourself.
Sam, don't you do federal tax in your nonprofits class? Mine is half state governance law and half federal tax.
July 22, 2025 at 4:15 AM
Sam, don't you do federal tax in your nonprofits class? Mine is half state governance law and half federal tax.