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Articles 1 - 7 of 7
Full-Text Articles in Law
Real Property Tax Exemptions Of Non-Profit Organizations, Robert T. Bennett
Real Property Tax Exemptions Of Non-Profit Organizations, Robert T. Bennett
Cleveland State Law Review
Although much has been written about non-profit organizations in the area of state and local taxation, very little has been written as to tax exemptions granted to these same organizations. This only indicates that the law on this subject is not well developed and remains a source of constant litigation. This situation appears to exist for several reasons. Each state has its own tax statutes with its own definitions and interpretations, and litigation can usually be resolved by referring only to the particular state constitution involved or the Constitution of the United States.
May A Corporation Act As Its Own Attorney, Timothy G. Cotner
May A Corporation Act As Its Own Attorney, Timothy G. Cotner
Cleveland State Law Review
The question involved here is the right of a "person," not an attorney, to bring action or defend in a court of law. If a natural person may represent himself, why cannot a corporation choose to represent itself in court without the aid of an attorney? The question is posed with the thought in mind that in the eyes of the law a corporation is a legal entity and, therefore, should be permitted to appear in state and federal courts solely through the representation of an agent. This kind of a court appearance, whether by a natural person or by …
Book Review, Frederick E.J. Pizzedaz
Book Review, Frederick E.J. Pizzedaz
Cleveland State Law Review
Reviewing Marian R. Freemont-Smith, Foundations and Government: State and Federal Law and Supervision, Russell Sage Foundation, 1965
The Bootstrap Loophole: Can It Be Closed, Frank C. Fogl Jr.
The Bootstrap Loophole: Can It Be Closed, Frank C. Fogl Jr.
Cleveland State Law Review
The puropse of this paper is to review the history and background of bootstrap transactions and to determine: (1) Whether there is a need to close the bootstrap loophole; (2) If so, why this loophole has not been closed in the past; (3) Whether the Internal Revenue Code as it now exists contains provisions, if used, that can close this loophole; (4) If new legislation would be required to reach this end. A few key cases will be reviewed and analyzed, with major emphasis placed on the recent Clay Brown' decision, to show the attitude toward bootstrap transactions of both …
Corporation Executive Committees, Nancy F. Halliday
Corporation Executive Committees, Nancy F. Halliday
Cleveland State Law Review
Soon after it had been determined by the courts that management functions could be delegated by corporation boards of directors, it became a frequent practice in business and nonprofit corporations to delegate these functions to a small, active group of directors, known as the executive committee. Boards of directors cannot be expected to be in session continually, and certainly the affairs of a corporation require constant supervision by some directing body. This paper is particularly concerned with consideration of the extent to which the managerial function of the board of directors can be properly delegated to an executive committee.
Unreasonable Accumulation Of Income By Foundations, Joel H. Feld
Unreasonable Accumulation Of Income By Foundations, Joel H. Feld
Cleveland State Law Review
Unreasonable accumulation of income was and still is one of the the common abuses found in some foundations. Prior to 1950 the Internal Revenue Service challenged foundation exemption by stating that unreasonable accumulations of income were evidence that the foundation was not organized for, or carrying out, a charitable purpose. The courts were reluctant to follow this theory, and gave the law a liberal interpretation in favor of the foundations. It was not until 1950 that Congress enacted Section 3814 of the Internal Revenue Code of 1939. The law is the same today in the Internal Revenue Code of 1954, …
Removal Of Voting Power From Members Of Non-Profit Organizations, Timothy L. Nesbitt
Removal Of Voting Power From Members Of Non-Profit Organizations, Timothy L. Nesbitt
Cleveland State Law Review
It is evident that the right to vote in non-profit organizations has been judicially recognized but has received uneven protection. As a general rule, unless the right to vote is specifically restricted, every member of a non-profit organization is entitled to vote. The right to vote maybe defined in the provisions by which the organization is governed, and in that case the right to vote is restricted to those within the terms of the governing provision.