discuss: Should LDP apply for non-profit status (was Re: VolunteerMatch ...)
Subject:
Re: [discuss] Should LDP apply for non-profit status (was Re: VolunteerMatch ...)
From:
David Lawyer ####@####.####
Date:
17 Apr 2007 22:25:17 -0000
Message-Id: <20070417222406.GA5609@davespc>
On Tue, Apr 17, 2007 at 02:32:42PM -0700, Rick Moen wrote:
> Quoting David Lawyer ####@####.####
>
> > We are charitable because we give away our docs on the Internet.
>
> Non sequitur. You really badly need to read Publication 557.
I've read it and you're right that it doesn't classify us as charitable
by giving away stuff but by public benefit.
>
> Please, David, do LDP the favour of understanding terms used in tax law
> in the correct context, before risking acting on misconceptions.
OK, I did post stuff when I hadn't completely investigated. Sorry.
Right now it seems that we likely qualify for tax exemption as either
charitable and/or educational except that for charitable it says you
must be incorporated (like you posted). I haven't found such a statement for
educational but it might exist. But I'm holding back from acting
until I've fully investigated the situation: like getting an EIN that
would have done us no good by itself with VolunteerMatch.
>
> > I'll need to check the status of unincorporated nonprofit associations
> > in California where I live but I reported before that members of such
> > California organizations are exempt from being sued just because they
> > are members.
>
> Please cite the statute or caselaw. I believe your statement is
> extremely overbroad and vague, as phrased.
The problem is that I read this from a legislative committee report
and this report failed to cite anything. You're right of course that
to clarify this I should cite the statute or caselaw and expand on
what the law does. There are apparently both exemptions of member
liability from tort and contracts which implies that an unincorporated
organization can enter into contracts. So I plan to look into this some
more and produce citations. But first I want to know if LDP is
interested in pursuing this. If not, a lot of my time would be wasted
on this research.
David Lawyer
