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Tax Exempt Organizations

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Overview

Foulston Siefkin provides comprehensive tax planning and advocacy services to tax exempt organizations. Our federal income tax counseling and planning services deal with all organizational and operational aspects of obtaining and maintaining tax exemption, including public charity status, and planning for appropriate operation of unrelated business activities. Our representation includes advice on strategies for the defense of audits, dealings with examining agents, obtaining private letter rulings from the IRS National Office, and representing clients through the administrative appellate process. Locally, our attorneys represent tax exempt organizations across the state in a wide range of property, sales, and other tax exemption issues.

Our attorneys have extensive litigation experience in federal courts across the country, including the U.S. Tax Court, U.S. District Courts, and the U.S. Court of Appeals.

We assist tax exempt organizations and their development officers on current and deferred charitable giving matters, including gifts of cash, appreciated land or securities, personal residences, and other forms of real and personal property. We also work with clients and prospective donees in planned giving transactions using charitable remainder unitrusts and annuity trusts, charitable lead trusts, and pooled income funds.

Areas of Representation
  • Applicants for Tax Exemption
  • Mergers and Aquisitions
  • Real Estate
  • Governance
  • For Profit/UBI Activities
  • Entity Formation
  • Tax Counseling & Planning
  • Tax Audits
  • Employee Benefit Planning
  • Employment and Excise Taxes
  • Property Tax Exemption
  • Federal, State & Local Tax Litigation
Experience
  • Assisted numerous tax-exempt organizations (public charities, private foundations, social welfare organizations, employee organizations, associations, recreational organizations, etc.) with formation and obtaining tax-exempt status.
  • Assisted numerous tax-exempt organizations in structuring joint ventures and developing for-profit and tax-exempt subsidiaries.
  • Successfully defended IRS challenges involving revocation of exempt status, unrelated business income tax, inurement/private benefit, and attempts to collapse for-profit and tax-exempt entities.
  • Assisted numerous charitable organizations with acquisition, disposition, and licensing issues involving both for-profit and tax-exempt activities.