Publications

De-UBIT-izing CRTs: Recent Rulings

By Gerald B. Treacy, Jr.

Originally Published in BNA/Tax Management, May 2004

Charitable remainder unitrusts and annuity trusts (collectively, “CRTs”) are effectively barred from investing in for-profit enterprises holding “debt-financed” assets, under Internal Revenue Code (“Code”) Section 664(c). Under that provision, a CRT forfeits its exemption from federal income tax for any taxable year in which, in the quaint terminology of the tax legislation, “such trust, for [...]

Alternative Corporate Giving Formats

By Gerald B. Treacy, Jr.

Originally Published in Tax Management Memorandum, July 2003

Introduction Currently, the two most common formats for corporate charitable giving are direct outright gifts and gifts made through corporate private foundations. While these formats afford some advantages, they are by no means the optimal modes available, and the explanation for their widespread use is probably simply lack of information about alternatives. In rather stark [...]

A Wake-Up Call for “Type III” Supporting Organizations

By Gerald B. Treacy, Jr.

Originally Published in BNA/Tax Management, April 2003

After a silence of the better part of two decades, the U.S. Tax Court issued two important decisions late in 2002, Cuddeback v. Comr, T.C. Memo. 2002-300, and Lapham Foundation, Inc., v. Comr, T.C. Memo 2002-293. In both cases, the Tax Court ruled that foundations failed to meet the “integral part” tests relating to “Type [...]

SO Much Better?: Supporting organizations may offer the perfect balance of tax benefits and donor control for some planned giving prospects

By Gerald B. Treacy, Jr.

Originally Published in CASE Currents, February 2000

Consider the following common scenario: An affluent, elderly woman with strong ties to her alma mater wants to make a gift of a significant portion of her assets. Like most donors, her motivations for giving are complex. She has a philanthropic nature, but she also wants the best possible tax deduction for her gift. She’s [...]

Becoming “SO-Friendly”: The Advantages of Courting Supporting Organization Relationships

By Gerald B. Treacy, Jr.

Originally Published in Planned Giving Today, December 1997

Congress has given what is probably its last, temporary reprieve for private foundations, in the form of an extension of the provision exempting gifts of publicly traded securities from the harsh “reduce-to-basis” rule. The legislation has once again focused attention on the many disadvantages of the private foundation format itself, which have been summarized in [...]

The Very Versatile Disclaimer: A Guide to Its Use in Charitable Planning

By Gerald B. Treacy, Jr.

Originally Published in Planned Giving Today, October 1997

One of the most important tools in charitable planning is also among the least familiar to planned giving officers: the disclaimer. It is, in addition, one of the most versatile of all planning devices, and the depth of the potential for its use in the charitable arena, still largely unplumbed, is limited only by the [...]

A Taxonomy of Tax-Exempt Organizations

By Gerald B. Treacy, Jr.

Originally Published in Planned Giving Today, June 1997

Ask a representative of a charitable organization what type of charity he or she represents, and the correct, if incomplete, answer will often be, “We’re a 501(c)(3) organization.” This basic qualification will likely be only part of the answer sought. Most tax-exempt charitable institutions–private foundations, public charities and the variety of hybrids between–share this basic [...]

Another Way to Reach the Family Business Owner

By Gerald B. Treacy, Jr.

Originally Published in Planned Giving Today, September 1996

A potentially significant, if little-known, opportunity for charities was created by the complicated valuation rules applicable to family limited partnerships and corporations, and (indirectly) limited liability companies (“LLCs”), under Internal Revenue Code Section 2704, adopted in 1990. This may well turn out to be a good example of an opportunity for the charity to solve [...]

Part of the Truth About Attorneys

By Gerald B. Treacy, Jr.

Originally Published in Planned Giving Today, June 1996

Unpleasantness must occasionally intrude upon even the most peaceful of lives, and PGOs will likely find themselves interacting with attorneys from time to time. To help gird you for these encounters, this publication provides you herewith (as the attorney might say) a guide to some of the important differences between attorneys and the rest of [...]

Accelerate Your Charity’s CRT Interest

By Gerald B. Treacy, Jr.

Originally Published in Planned Giving Today, April 1996

Not all of the IRS’s rulings on charitable remainder trusts are bad news these days.  The Service recently issued Private Letter Ruling 9550026, in which it provided charities and donors with a road map for successfully accelerating a portion of the charity’s interest in a CRUT.  The plan permits a donor to let a share [...]

Books

Supporting Organizations

Published by: Tax Management Portfolio #459 (BNA) (2009)

Community Property

Published by: Tax Management Portfolio #802-2d (BNA) (2009)

The CIBO CEO

Shedding Light on the Surprising Link Between Divestitures and “Zero-Cost” Gifts (2008)

Washington Guardianship Law: Administration and Litigation, Third Edition

Published by: LEXIS/NEXIS (1997, supplemented annually, 1997-2010).

Topic Index