Tax-Exempt and Charitable Organizations

Representative Experience

  • Achieved a complex merger of two long-standing non-profits that involved multimillion-dollar combined operations. The team resolved a myriad of legal issues, including corporate, real estate, environmental, and tax filing matters.
  • Handled the negotiation and execution of a multi-million dollar gift from an ultra-high-net-worth family to a national medical organization. This planned giving involved a complicated insurance transaction and large naming opportunity.
  • Represented a charitable organization and an affiliated leverage lender in closing three phases of New Markets Tax Credit (“NMTC”) subsidized loans for a $100+ million facilities expansion. The total amount of NMTC-subsidized debt through the three phases was $54 million and involved three unrelated community development entity lenders and three different NMTC investors.
  • Structured a method of reporting a tax-exempt organization’s transactions for tax purposes which allowed one of the largest tax-exempt organizations in New York State to comply with federal and state regulatory agencies in delivering services to its target constituents while avoiding any negative impact on its exempt status and the imposition of any sales or use tax on the services provided. Approval for this structure was successfully obtained from both the IRS and the New York taxing authorities.
  • Negotiated a multi-million dollar gift to a nationally-known medical college from a major non-profit organization. Representing the medical college, the work involved a detailed gift agreement regarding the establishment of a new center at the medical college, including providing for detailed goals and benchmarks requested by the donor and donee organizations.
  • Successfully obtained tax-exempt status for large national public charities on numerous occasions, including one such entity after extensive negotiations with the IRS regarding the charity’s relationship with a for-profit company and another such entity that was a successor to a for-profit entity.
  • Created and implemented an innovative solution for the administration of a private foundation, about whose charitable goals the children of the foundation’s creators had differing ideas. The team handled the division of the private foundation into separate foundations, one for each child to control. The team has since assisted the new foundations with a variety of regulatory and administrative matters, including advising the new foundations on private foundation jeopardy investment rules.