dcsimg Nonprofit and Tax-Exempt Organizations

Nonprofit and Tax-Exempt Organizations

In today’s increasingly complicated, regulated and competitive environment, nonprofit organizations are no longer the exception to the rule. Instead, they face many of the same challenges as for-profit companies and enterprises. The nonprofit and tax-exempt organizations team at McGuireWoods provides comprehensive counsel and a full array of legal services designed to help nonprofits operate successfully.

Our clients include universities, schools and other educational institutions, hospital and healthcare organizations, medical research organizations, publicly supported charities, supporting organizations, museums, trade associations, churches and religious organizations, political organizations, family foundations, corporate foundations and community foundations.

The team consists of a core group of experienced lawyers whose practices focus on the special legal needs of nonprofit, tax-exempt and charitable organizations. In addition to their work on behalf of clients, our lawyers are committed to developing and communicating best practices within the nonprofit sector. Our group includes a member of the Internal Revenue Service (IRS) Advisory Board for Tax Exempt Organizations and Government Entities, a Tax Notes publisher and member of the board of the Exempt Organizations Tax Review, a member of the advisory board and North American editor for the International Journal of Not-for-Profit Law (IJNL), and a former tax law professor at both the University of Richmond School of Law and the American University Washington College of Law.

We advise organizations on corporate governance, internal policies and procedures, conflicts of interest and risk management, and tax compliance and reporting. We provide guidance on endowment and investment management practices, including compliance with the Uniform Prudent Management of Institutional Funds Act (UPMIFA).

Drawing on the resources of our full-service firm, we also counsel clients on issues involving fundraising and development, grantmaking, labor and employment, executive compensation, employee benefits, intellectual property, software and technology, and lobbying and political campaign practices. Our corporate and finance attorneys represent clients in related party structures and joint ventures, bond financing, and other major transactions.

The nonprofit sector is a growing segment of the U.S. economy. With increasing pressure to raise revenues at the national, state and local levels, nonprofits are likely to continue finding themselves in the government’s crosshairs. Our lawyers have closely followed the legislative scrutiny exempt organizations have faced in recent years. In addition to the Pension Protection Act of 2006, which contained a number of reform provisions aimed at charitable giving and public charities, the IRS has also examined executive compensation practices of public charities. These examinations resulted in the collection of significant tax revenue under the excess benefit transaction rules applicable to public charities, which are likely to see more IRS compliance and enforcement initiatives in this area.

Other initiatives already undertaken by the IRS, for which we provide guidance, include new regulations to implement the 2010 Patient Protection and Affordable Care Act (PPACA), dramatic changes to IRS Form 990, and proposed regulations for program-related investments of private foundations. In recent years, the IRS has also issued a range of questionnaires, governance checksheets and guidesheets for reporting by exempt organizations and for use by its agents during examinations, as well as reports and recommendations on improving tax rules governing international grantmaking, retirement plans in cross-border transactions, tax-exempt bonds, and employment tax issues. Given the extraordinary range of the IRS’ recent revenue-raising initiatives (and those of other taxing bodies), nonprofits need effective legal counsel more than ever.

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Results 1-20 of 25
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Case Study

Victory in 4th Circuit for pro bono client Homeward

The 4th U.S. Circuit Court of Appeals has upheld the dismissal of a case brought against firm pro bono client Homeward, a nonprofit planning and coordinating organization for homeless services in the greater Richmond area. In its suit, ASWAN, an unincorporated association made up of homeless and formerly homeless people, alleged that Homeward and its co-defendants established a homeless services center in a location that was removed from the downtown area of Richmond, thus violating 42 U.S.C. §§ 1983 and 1985(3), the Americans with Disabilities Act, the Equal Protection Clause of the Fourteenth Amendment and the Fair Housing Act. The district court dismissed all of the plaintiff’s claims.
Representative Matter

Roman Catholic diocese

Representation of a Roman Catholic diocese when four plaintiffs brought two separate lawsuits against them alleging that the Diocese breached fiduciary duties owed to them when it failed to prevent them from being sexually abused by two priests in the 1970s and 1980s. The case raised novel issues state law relating to the statute of limitations, causes of action for breach of fiduciary duty/constructive fraud, privacy of healthcare records, admissibility of expert testimony on religious issues, and the at issue waiver doctrine. After discovery, which included depositions of the plaintiffs’ former attorneys as well as plaintiffs’ expert witness, we were granted summary judgment in favor of our client on all claims. The case is currently on appeal.
Representative Matter

Nonprofit

Advised nonprofit on unrelated business income tax issues associated with various income-producing activities associated with real estate, including long-term leases with energy companies, sharecropping, and royalty income from mining and oil and gas activities.
Representative Matter

Private Foundation

Advised private foundation on structural and tax treatment of real estate investments associated with economic development in blighted area of city.
Representative Matter

Nonprofit Girls Running Program

Representing a nonprofit, that works exclusively with pre-teen girls, in connection with its response to a Title IX complaint filed with the U.S. Department of Education.
Representative Matter

Trust operations of a mid-size bank

Performed a variety of services for trust operations of a mid-size bank in the mid-Atlantic Region.
Representative Matter

A public policy research institution in Washington, D.C.

A team of McGuireWoods public finance lawyers in Richmond and Tyson's served as bank counsel and underwriter's counsel on a combined $100 million bank placement and public offering for a major non-profit think tank in Washington, D.C.
Case Study

McGuireWoods obtains denial of injunction in asian carp case

McGuireWoods recently represented a coalition of Illinois business trade associations in challenging the efforts of other Great Lakes states to obtain an injunction to force the U.S. Army Corps of Engineers to close the Chicago locks as a means to halt the migration of Asian carp into the Great Lakes.

Representative Matter

Nonprofit learning consultancy

Represented a leading education research company in the  acquisition of a $30 million nonprofit behavioral and social science research organization.
Case Study

Final dismissal for Homeward

U.S. District Court Judge Payne in Richmond, Va., accepted the recommendation from a magistrate and dismissed, with prejudice, a case brought against Homeward, an organization that provides coordinating services to providers of homeless services, and co-defendants the City of Richmond and Virginia Commonwealth University. The case involved allegations of conspiracy to violate the plaintiffs' civil rights, as well as violations of the Americans with Disabilities Act and the Fair Housing Act.

Case Study

McGuireWoods obtains dismissal for homeless services organization

McGuireWoods recently obtained a favorable decision from the U.S. District Court in the Eastern District of Virginia recommending that a case filed against its client, Homeward, be dismissed. The case was filed by the Central Virginia Legal Aid Society on behalf of a citizens group against Virginia, the City of Richmond, and Homeward—a planning and coordinating organization for homeless services in the greater Richmond region.
Case Study

McGuireWoods is first to market on "Build America Bonds" offering: closes first public offering for the University of Virginia

A team of Capital Markets lawyers recently closed the first public offering of Build America Bonds (BABs) for the University of Virginia in Charlottesville, Va. BABs are new bonds authorized under the American Recovery and Reinvestment Act of 2009, and the university was the first issuer in the United States to get to market with a $250 million AAA-rated offering that will fund its new capital expenditures
Representative Matter

Charitable organization

Represented charitable organization in lawsuit to remedy multimillion-dollar  theft from an incapacitated adult and to appoint an independent conservator to manage her estate.
Representative Matter

Corporate, charitable, and individual trustees

Represented corporate, charitable, and individual trustees in the reformation of 60 net income charitable remainder unitrusts following the issuance of the “flip” unitrust regulations.
Representative Matter

Eastern European clients

Assisted Eastern European clients to reclaim real and personal properties confiscated during Nazi occupation and subsequent Communist rule, including dealing with the tax consequences of restitution.
Representative Matter

Educational institution

Represented an educational institution in the IRS filings associated with a significant act of self-dealing involving a pooled income fund.
Representative Matter

Executive committee of a university affiliated foundation

Assisted the Executive Committee of a university affiliated foundation with excess benefit transaction issues.
Representative Matter

Executives of major private corporation

Developed a proposal for executives owning restricted stock of a major private corporation with assets in excess of $1 billion.
Representative Matter

High net worth individuals

Assisted wealthy clients in transferring sufficient wealth to achieve significant charitable objectives and avoid an estate tax audit.
Representative Matter

Housing and redevelopment nonprofit

Represented a housing and redevelopment nonprofit to secure a denial motion.
Results 1-20 of 25
Results 1-25 of 53
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Arthur E Anderson II Arthur E. Anderson II
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4366
F: +1 804 698 2006
vCard
Marshall Beil Marshall Beil
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7004
F: +1 212 715 2319
vCard
Dennis I Belcher Dennis I. Belcher
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 804 775 4304
F: +1 804 698 2012
vCard

T:+1 703 712 5324
F: +1 703 712 5050

Craig D Bell Craig D. Bell
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1179
F: +1 804 698 2160
vCard
Tyler Bishop Tyler W. Bishop
Sr. VP, State Gov. Relations McGuireWoods Consulting LLC
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1916
F: +1 804 698 2266
vCard
Brennan W. Bolt
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5725
F: +1 404 443 5768
vCard
Lucius H Bracey Jr. Lucius H. Bracey Jr.
Counsel
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2515
F: +1 434 980 2252
vCard
Todd Brewer Todd Brewer
Partner
JPMorgan Chase Tower
600 Travis Street
Suite 7500
Houston, TX 77002-2906

T: +1 713 353 6686
F: +1 832 214 9926
vCard
Jeff Britt Jeffrey M. Britt
Sr. VP, MWCAdvocacy McGuireWoods Consulting LLC
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1936
F: +1 804 225 5407
vCard
Thomas William Bruno Thomas William Bruno
Associate
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1853
F: +1 804 440 7731
vCard
Rhiannon Campbell Rhiannon C. Campbell
Associate
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1622
F: +44 20 7632 1638
vCard
Keonna Carter Keonna D. Carter
Associate
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 7848
F: +1 804 698 2227
vCard
Alan C Cason Alan C. Cason
Partner
7 Saint Paul Street
Suite 1000
Baltimore, MD 21202-1671

2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 410 659 4433
F: +1 410 659 4481
vCard

T:+1 202 857 2433
F: +1 202 857 1737

Rebecca S Chaffin Rebecca S. Chaffin
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2260
F: +1 704 444 8716
vCard
Douglas W Charnas Douglas W. Charnas
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1757
F: +1 202 828 2980
vCard
Robert M Cipolla Robert M. Cipolla
Senior Counsel
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4713
F: +1 804 698 2109
vCard
Adam M Damerow Adam M. Damerow
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 3681
F: +1 312 698 4553
vCard
Joshua D Davey Joshua D. Davey
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2167
F: +1 704 805 5019
vCard
Robyn S Gray Robyn Gray Davis
Counsel
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1227
F: +1 804 698 2138
vCard
Elizabeth Diller Elizabeth A. Diller
Associate
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4358
F: +1 804 698 2195
vCard
Charles D Fox IV Charles D. Fox IV
Partner
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2597
F: +1 434 980 2280
vCard
Taylor Wedge French Taylor Wedge French
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8037
F: +1 704 373 8838
vCard
Felicia L Mitchell Felicia M. Gardner
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8995
F: +1 704 353 6193
vCard
Marc H Goldsmith Marc H. Goldsmith
Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8229
F: +1 310 956 3129
vCard
Meredith E Green Meredith E. Green
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2082
F: +1 704 444 8816
vCard
Results 1-15 of 15
Speaking Engagement

Non-Profits and Associations Forum

Dealing with the IRS – Best Practices for Avoiding an Audit and How to Navigate the Process if Your Organization is Selected

May 12, 2015
Washington, DC
Event

12th Annual Nonprofit Seminar - Charities: More Change on the Horizon?

September - October 2014
Charlottesville, VA
Event

11th Annual Nonprofit Seminar: Best Practices in Nonprofit Management

September 18; October 15 and 29, 2013
Charlotte, NC; Richmond and Charlottesville, VA
Speaking Engagement

Charitable Planning in 2013

After the American Taxpayer Relief Act of 2012

February 6, 2013
Teleconference/Webinar
Event

10th Annual Nonprofit Seminar: Regulatory and Legal Challenges Facing Nonprofits

September 25, October 9 & 16, 2012
Charlottesville, VA and Charlotte, NC
Speaking Engagement

Community Health Needs Assessments

March 28, 2012
Event

9th Annual Nonprofit Seminar

The Impact of Tax and Economic Challenges on Nonprofits

October 2011
Richmond, VA, Charlottesville, VA, and Charlotte, NC
Speaking Engagement

Gift Planning Council Program on International Philanthropy

May 13, 2010
Richmond, VA
Event

Goin' Fishin' with the IRS

Observations, Decisions, and Consequences of the IRS Compliance Questionnaire for Colleges and Universities

January 29, 2009
Results 1-15 of 15
Results 1-20 of 136
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Legal Alert

A Nonprofit Buyer’s Guide to Cyber Insurance

December 13, 2013
Results 1-20 of 136