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Section 300
Private Inurement and Excess Benefit Transactions
by Bruce R. Hopkins
Bruce R. Hopkins is Of Counsel with the law firm of Polsinelli Shalton Flanigan Suelthaus, P.C., Kansas City, MO. bhopkins@polsinelli.com.
| ¶301 Introduction | |||
| ¶310 Principles of Private Inurement | |||
| ¶311 Origin and Summary of Doctrine | |||
| ¶312 Concept of Net Earnings | |||
| ¶313 Requirement of an 'Insider' | |||
| ¶314 Private Inurement: Scope of Proscription | |||
| ¶314.1 Property Interests, Sale, Lease, Rents | |||
| ¶314.2 Loans | |||
| ¶314.3 Provision of Goods or Services | |||
| ¶314.4 Corporations, Industries, and Professions | |||
| ¶314.5 Employee Benefits | |||
| ¶314.6 Tax Avoidance Plans | |||
| ¶314.7 Partnerships and Joint Ventures | |||
| ¶314.8 Sales of Assets to Insiders | |||
| ¶315 Emphasis on Compensation | |||
| ¶315.1 Evolution of Intermediate Sanctions | |||
| ¶315.2 Applying Criteria in Private Inurement Setting | |||
| ¶316 Per Se Private Inurement | |||
| ¶317 Private Inurement Issues in Higher Education | |||
| ¶317.1 Executive Compensation Compliance Initiative | |||
| ¶318 Incidental Private Inurement | |||
| ¶320 Private Benefit Doctrine | |||
| ¶321 General Rules | |||
| ¶322 Incidental Private Benefit | |||
| ¶323 Import of Joint Venture Cases | |||
| ¶324 Scope and Future of Private Benefit Doctrine | |||
| ¶330 Excess Benefit Transactions | |||
| ¶331 Concept of Intermediate Sanctions | |||
| ¶332 Terminology | |||
| ¶332.1 'Applicable Tax-Exempt' Organization | |||
| ¶332.2 'Disqualified Person' | |||
| ¶332.3 'Organization Manager' | |||
| ¶332.4 'Excess Benefit Transaction' | |||
| ¶332.4.1 The Compensation Question | |||
| ¶332.4.2 Revenue-Sharing Arrangements | |||
| ¶332.5 Special Rules for Donor Advised Funds and Supporting Organizations | |||
| ¶333 Rebuttable Presumption Reasonableness | |||
| ¶334 Type of Transactions | |||
| ¶334.1 Compensation | |||
| ¶334.1.1 Executive Compensation Compliance Initiative | |||
| ¶334.2 Loans | |||
| ¶334.3 Other Excess Benefit Transactions | |||
| ¶335 Scope of Proscription and Tax Penalties | |||
| ¶335.1 Correction | |||
| ¶336 Reimbursements and Insurance | |||
| ¶337 Returns for Payment of Excise Taxes | |||
| ¶338 Effective Dates | |||
| ¶339 Excess Benefits Issues in Higher Education | |||
| ¶340 Interrelationships of Doctrines | |||
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