(Papers to be published in Kentucky Law Journal)
One or more presenters were selected from a call for papers.
Except with respect to eligibility for exemption from the federal income tax, nonprofit and charity law developments have historically been the province of state law edict. Thus, in the areas of formation and dissolution, fiduciary duty, and charitable solicitation, scholars, courts, law makers and others have looked to the state of domicile or similar basis to determine what law applies. This state of affairs appears, to some, to be changing. For example, the Internal Revenue Service, in its role as interpreter of federal tax laws concerning charities, recently issued a new IRS Form 990 which seems to seek information that well exceeds the bounds of what is called for by Congress. Similarly, though hospitals are facially concerned with federal tax laws solely in order to maintain tax-exempt status, the close scrutiny of Congress in recent years has transformed many non-tax aspects of hospital operations. These are just a few examples. The question is: What are, or should be, the limits of federal regulation, through the guise of tax law, of nonprofit and charitable entities? This program will have four scholars—both junior and senior—present their scholarly analysis of various aspects of this very broad topic. An additional senior scholar will offer his comments on each of topics presented, and the audience will be invited to participate in what is expected to be a lively discussion.
Business Meeting at Program Conclusion.