24th Annual Representing & Managing Tax-Exempt Organizations

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1 GeorgetownCLE: SEMINAR Your Authoritative Legal Resource from the Nation s Capital 24th Annual Representing & Managing Tax-Exempt Organizations Thursday-Friday, April 26-27, 2007 Hyatt Regency on Capitol Hill 14.0 CLE credit hours (60 minute hour), including 1.0 optional hour of legal ethics 17.0 CLE credit hours (50 minute hour), including 1.0 optional hour of legal ethics SPECIAL SEMINAR Primer on Private Foundations Wednesday, April 25, 2007 Details Inside!

2 SPECIAL SEMINAR Why you should attend this year s primer Private foundations hold more than $475 billion in assets and are a major force in US philanthropy. Despite this, for many years they received surprisingly little attention from Congress, regulators and the press. Times have changed, however, and for the past several years private foundations have been the focus of indepth and sometimes unfavorable scrutiny. Recent tax legislation increases the excise tax penalties for private foundations and imposes new rules on certain grantmaking activities. This year s primer program will provide in-depth coverage of tax issues relating to private foundations. About Georgetown CLE Georgetown CLE has established a thirty-year tradition providing the legal community high quality programs. Our programs are developed with the profession s ever-changing needs in mind, while at the same time meeting the mandatory CLE requirements of various state bars. Located in the heart of the nation s capital, we feature the country s leading officials, judges and practitioners. Primer on Private Foundations Wednesday, April 25, 2007 Georgetown University Law Center 7.5 CLE credit hours (60 minute hour) 9.0 CLE credit hours (50 minute hour) Agenda 7:45-8:15 am Registration & Continental Breakfast 8:15-8:30 am Welcome and Introduction Jane C. Nober, Celia Roady, Morgan, Lewis & Bockius LLP Bobby Zarin, 8:30-9:15 am Introduction & History of Private Foundations Basic Definitions Deductibility of Charitable Contributions Evolution of Current Private Foundation Rules 9:15-9:30 am 9:30-11:00 am Governance & Administration Mark Pacella Andrew C. Schulz Self-Dealing Prohibitions Annual Distribution Requirements Developing Good Governance Practices State Role in Foundation Oversight Co-sponsored by the and the 11:00 am - 12:30 pm Private Foundation Investments Kenneth T. Monteiro Michael A. Miller Jeopardy Investments Program-Related Investments Excess Business Holdings Unrelated Business Income Tax Developing Investment Guidelines 12:30-12:45 pm Box Lunch 12:45-2:15 pm Private Foundation Grantmaking and Taxable Expenditures Karen M. Haque Lawrence K. Mendenhall Individual Grants Expenditure Responsibility Grants International Grantmaking Lobbying and Campaign Intervention Voter Registration 2:15-2:30 pm 2:30-3:30 pm Private Operating Foundations Private Foundation Terminations Tomer J. Inbar Douglas N. Varley Operating Foundation Requirements Contributions to Operating Foundations Terminating Private Foundation Status 3:30-5:00 pm Tax Reporting and Public Disclosure Jody Blazek Cheryl D. Chasin Calculation of 4940 Excise Tax Review of 990-PF and 990-T Electronic Filing Public Disclosure Requirements Speakers Program Co-Chairs: Jane C. Nober Special Counsel Celia Roady Bobby Zarin Director, Customer Education & Outreach Faculty Jody Blazek Blazek & Vetterling LLP Houston, TX Cheryl D. Chasin Karen M. Haque Bill & Melinda Gates Foundation Seattle, WA Polsinelli Shalton Welte Suelthaus PC Kansas City, MO Tomer J. Inbar Morgan Lewis & Bockius LLP Lawrence K. Mendenhall Senior Officer, Legal Affairs & The Pew Charitable Trusts Philadelphia, PA Michael A. Miller Managing Director Colonial Consulting, LLC Kenneth T. Monteiro Deputy Director, Office of Legal Services Ford Foundation Mark Pacella Deputy Attorney General Charitable Trust & Organizations Section Commonwealth of Pennsylvania Harrisburg, PA Andrew C. Schulz Deputy General Counsel Douglas N. Varley Caplin & Drysdale

3 3:15-4:15 pm 14.0 CLE credit hours (60 minute hour), including 1.0 optional hour of legal ethics 17.0 CLE credit hours (50 minute hour), including 1.0 optional hour of legal ethics Thursday, April 26 7:30-8:15 am Registration and Continental Breakfast 8:15-8:30 am Welcome and Introduction Celia Roady, Program Chair Lawrence J. Center, Georgetown CLE 8:30-9:00 am Message from the TE/GE Commissioner Steven T. Miller Current IRS Priorities in the EO Area Projections for the Year Ahead 9:00-9:15 am 9:15-9:45 am Update from the Treasury and IRS Susan D. Brown Lois G. Lerner Catherine E. Livingston New Initiatives Affecting EOs Pending Guidance Projects 9:45-10:00 am 10:00-10:15 am 10:15-11:00 am Capitol Hill Update John Buckley Roger Colinvaux Patrick G. Heck Agenda Congressional Initiatives Affecting EOs Potential Legislation and Hearings 11:00-11:15 am 11:15 am-12:00 pm Current Developments Implications of Recent Cases, Rulings and Regulations Warning Signs 12:00-12:15 pm 12:15-1:45 pm Lunch (on your own) 1:45-2:45 pm A. IRS Audit Update Douglas M. Mancino Marcus S. Owens Current IRS Audit Issues Handling the Intermediate Sanctions Audit Appeals and Technical Advice B. Legal Ethics for EO Practitioners Miriam L. Fisher Mark E. Matthews Update on Circular 230 Attorney-Client Privilege Issues Conducting Internal Investigations Obligations of Inside and Outside Counsel C. Current Developments in International Philanthropy Jane C. Nober Carolyn O. Ward Coping with Treasury Guidelines Due Diligence in International Grantmaking Income and Withholding Tax Obligations 2:45-3:00 pm 3:00-3:15 pm A. Ancillary Joint Ventures Michael I. Sanders T. J. Sullivan Applying Revenue Rule Implications of "Control" Structuring Issues B. New Developments in Charitable Giving Victoria B. Bjorklund Carolyn M. Osteen Tax Law Changes for Supporting Organizations and Donor-Advised Funds Charitable IRA Rollovers C. Taxation and 990 Reporting of Fringe Benefits Richard J. Locastro Identifying Taxable and Nontaxable Fringe Benefits Proper 990, W-2 and 1099 Reporting Avoiding Automatic Excess Benefits 4:15-4:25 pm 4:30-5:30 pm A. Forms 990, 990-T and Schedule A D. Greg Goller Coping with Electronic Filing Update on New Forms New Disclosure Rules B. Identifying and Managing Conflicts of Interest Ben W. Blanton Bruce D. Collins Legal Framework Developing Conflict Policies and Disclosure Forms Handling Non-Financial Conflicts C. Ask the Experts Victoria B. Bjorklund James K. Hasson, Jr. Make sure all of your questions are answered at the popular Ask the Experts panel of leading practitioners. Bring your questions to the conference or them in advance to cle@law.georgetown.edu. 5:30-5:45 pm 5:45-6:30 pm Networking Cocktail Reception Sponsored by the law firm of Morgan, Lewis & Bockius LLP

4 Friday, April 27 7:30-8:00 am Continental Breakfast 8:00-8:45 am Optional for EO Newcomers Understanding UBIT: A Primer Celia Roady Understanding the Basics Disclosure and Reporting UBIT Issues 8:45-9:00 am 9:00-9:45 am A. Current UBIT Issues Part I: Overview James K. Hasson, Jr. Sarah R. Katz Hot Issues Recent Cases and Rulings Expense Allocations B. Update on Tax Issues Affecting Religious Organizations Boyd J. Black Deirdre A. Dessingue Impact of Pension Protection Act Changes on Religious Organizations Other Recent Developments 9:45-10:15 am A. Current UBIT Issues Part II: Case Studies James K. Hasson, Jr. Sarah R. Katz B. Churches and Politics Deirdre A. Dessingue Judith E. Kindell What Is and Isn't Campaign Intervention Church Audits for Impermissible Political Activity 10:15-10:30 am 10:30-10:45 am 10:45-11:45 am Current Issues in State Charity Regulation Douglas M. Mancino Gerald A. Rosenberg Changing Environment New Enforcement Initiatives Common Regulatory Problems 11:45 am-12:00 pm 12:00-12:15 pm Box Lunch 12:15-1:15 pm A. Anatomy of a State Attorney General Investigation James R. Schwartz Navigating an AG Investigation Confidentiality Issues Settlement Alternatives B. Private Equity Investments: Tax and Business Issues David A. Shevlin UBIT Implications Using Offshore Blocker Entities Developing Exit Strategies C. Economic Develpment and Microfinance Tomer J. Inbar Determining Charitibility Current Trends in Microfinance Applying Program-Related Investment Rules 1:15-1:25 pm 1:30-2:30 pm A. Update on New Private Foundation Developments Betsy Buchalter Adler Janne G. Gallagher Impact of New Tax Law Changes Current Grantmaking Issues B. Corporate Sponsorship and Merchandising: Tax and Business Aspects Ann K. Batlle Marsha J. Shaines Qualified Sponsorship Payments Negotiating Arrangements with Corporate Sponsors Establishing Relatedness for Merchandise Sales C. Incentive Compensation and Employment Agreements Suzanne R. McDowell Charles W. Quatt, Ph.D Tax Aspects of Incentive Compensation and CEO Employment Agreements Establishing Reasonableness Proper Approval Procedures 2:30-2:45 pm 2:45-3:00 pm 3:00-3:45 pm A. When a Good Grant Goes Bad: Practical and Legal Issues Nancy P. Feller Joy A. Horwitz Structuring Grants to Minimize Risk Developing Monitoring Systems Handling Grantee Diversions B. Permissible Politicking: Proper Use of Tax- Exempt Organizations to Influence Elections Prof. Miriam Galston Prof. Frances R. Hill Update on 527s Current Electioneering Issues Developing Structures that Work C. What s New and What s Not in 403(b) Plans Robert J. Architect Gregory L. Needles IRS Focus Out in the Field and Lessons Learned Planning for the Future with an Eye on the Regs 3:45-3:55 pm 4:00-4:45 pm A. Current Tax Issues for Colleges and Universities Bertrand M. Harding, Jr. Current IRS Audit Trends Coping With Intermediate Sanctions Update on UBIT Expense Allocations B. Final 409A Regulations and What They Mean to Tax-Exempt Executives Gregory L. Needles Cheryl E. Press Overview of 409A Regulations and Their Interaction With 457(f) Application of Regulatory Exceptions to Tax-Exempt Executives IRS Focus Now That the Regs are Final 4:45-5:00 pm 5:00 pm Adjournment

5 Program Details Hotel Reservations A block of rooms has been held at the following hotel until March 26, These rooms will be held as a block, unless exhausted, until the above date at which time they will be released to the general public. Please be sure to mention the Tax-Exempt Organizations room block to receive the room rate below. Hyatt Regency Washington on Capitol Hill 400 New Jersey Avenue, NW, Phone: (800) Room rate: $239/single or double Disclaimer: Speakers are subject to change. Services for People with special needs or dietary restrictions: Call (202) Scholarships Georgetown CLE makes every effort possible to provide equal educational opportunities to all. We provide a limited number of scholarships on a case-by-case basis. Apply online at or submit written request no later than 5:00 pm on Friday, April 13, 2007 to: Scholarship Committee Georgetown CLE 600 New Jersey Avenue, NW or fax to (202) Cancellations/Rain Checks/Substitutions Please fax your cancellation notice to (202) by 5:00 pm on Monday, April 23, 2007 for a refund (less $75 administrative fee). Rain checks for a future program will be granted for cancellations received after April 23 and prior to the start of the program. Substitutions are accepted at anytime prior to the program. Money-Back Guarantee We are confident that you will leave this conference with more than enough ideas and insights to make your investment pay off. However, if you feel you have not received your money s worth by the end of the program, simply contact a member of our registration team at the conference or call (202) and we will process a 100% refund for your registration fee! CLE Credits Accreditation has been or will be requested for this program from states with mandatory Continuing Legal Education requirements for 14.0 CLE credits including an optional 1.0 hour of legal ethics (based on a 60 minute hour) and 17.0 CLE credits an optional 1.0 hour of legal ethics (based on a 50 minute hour). Georgetown University Law Center is an accredited CLE provider in most MCLE states. Georgetown CLE is a State Bar of California approved MCLE provider. Some states require nominal accreditation fees. You will be asked to submit payment at the program s conclusion. CPE Credits Georgetown CLE is registered with the National Association of State Board of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors. 150 Fourth Avenue North, Suite 700, Nashville, TN, Web site: Course level: Overview; Group-Live, No prerequisites or Advance Preparation required.

6 Speakers Program Chair Celia Roady Faculty Robert J. Architect Senior Tax Law Specialist Betsy Buchalter Adler Silk, Adler & Colvin San Francisco, CA Ann K. Batlle Victoria B. Bjorklund Simpson, Thacher & Bartlett LLP Boyd J. Black Church of Latter Day Saints Salt Lake City, UT Ben W. Blanton Baker & Daniels LLP Indianapolis, IN Susan D. Brown Deputy Tax Legislative Counsel, Regulatory Affairs U.S. Department of the Treasury John L. Buckley Majority Chief Tax Counsel House Ways and Means Committee Roger Colinvaux Legislation Counsel Joint Committee on Taxation Bruce D. Collins Corporate Vice President & General Counsel C-SPAN Deirdre A. Dessingue U.S. Conference of Catholic Bishops Nancy P. Feller Assistant Secretary & Ford Foundation Miriam L. Fisher Prof. Miriam Galston The George Washington University Law School Janne G. Gallagher Vice President & General Counsel D. Greg Goller Grant Thornton LLP Vienna, VA Bertrand M. Harding, Jr. Law Office of Bertrand M. Harding, Jr. James K. Hasson, Jr. Sutherland, Asbill & Brennan LLP Atlanta, GA Patrick G. Heck Majority Chief Tax Counsel Senate Finance Committee Prof. Frances R. Hill University of Miami School of Law Coral Cables, FL Polsinelli Shalton Welte Suelthaus PC Kansas City, MO Joy A. Horwitz Managing Director, Legal Affairs & General Counsel The Pew Charitable Trusts Philadelphia, PA Tomer J. Inbar Morgan Lewis & Bockius LLP Sarah R. Katz Tax Law Specialist EO Rulings & Agreements Judith E. Kindell Tax Law Specialist, EO Rulings & Agreements Lois G. Lerner Director, Exempt Organizations Catherine E. Livingston Assistant Chief Counsel Richard J. Locastro Senior Director, Tax Consulting Services Arctic International Douglas M. Mancino McDermott, Will & Emery LLP Los Angeles, CA Mark E. Matthews Suzanne R. McDowell Steptoe & Johnson LLP Steven T. Miller Commissioner Gregory L. Needles Jane C. Nober Special Counsel Carolyn M. Osteen Ropes & Gray LLP Boston, MA Marcus S. Owens Caplin & Drysdale, Chartered Cheryl E. Press Senior Attorney Charles W. Quatt, Ph.D. President Quatt Associates Gerald A. Rosenberg Chief, Charities Bureau Office of NY State Attorney General Michael I. Sanders Powell Goldstein LLP James R. Schwartz Manatt, Phelps & Phillips, LLP Los Angeles, CA Marsha S. Shaines Deputy General Counsel Smithsonian Institution David A. Shevlin Simpson Thacher & Bartlett LLP T.J. Sullivan Gardner, Carton & Douglas LLP Carolyn O. Ward

7 Registration Form Please Print or Type. Payment must accompany registration. Representing & Managing Tax-Exempt Organizations (April 26-27) Early-Bird Registrations must be received before March 23, $895 Early-Bird Regular Registration $845 Early-Bird Georgetown Law Alumnus class of $995 Regular Registration $945 Georgetown Law Alumnus class of $795 Non-Profit Organizations $445 Paralegal Registration Course Materials Please select which format you prefer to receive your course materials in. Hard copy book CD-ROM If you would like to receive both a hard copy book and a CD-ROM of the course materials, $50 will be added to your registration fee. Please check the box for both options. $50 for both hard copy book and CD-ROM Primer on Private Foundations (April 25) SPECIAL SEMINAR: $395 Registration Name: Mr. Ms. address: (please print clearly) Firm/Organization: Address: City: State: Zip: Phone: Fax: CLE credit? Yes No What state? Feel free to copy this form and pass it along to your associates. Your priority code is: Help us expedite your registration. Enter the characters appearing on the top of the mailing label. Please enter this code even if the label is addressed to someone else. Thank you! I cannot attend, but send me: TAX-EXEMPT ORG: CD-ROM Course Materials (text only) $149 TAX-EXEMPT ORG: Hard Copy Course Materials $149 TAX-EXEMPT ORG: Audio CD-ROM(audio & text) $449 PRIMER: CD-ROM Course Materials (text only) $79 PRIMER: Hard Copy Course Materials $79 PRIMER: Audio CD-ROM(audio & text) $249 For CD-ROM and course material, individuals or firms with a DC address should add 5.75% sales tax, VA 5.0%, MD 5.0%, and PA 6.0% (or 7.0% if from Philadelphia or Allegheny County.) Five Ways To Register: 1. PHONE to (credit card registrations only) 2. MAIL with check payable to Georgetown CLE to address below. Check enclosed: # $ or purchase order may be attached to this form # 3. FAX to (credit card/po registrations only) VISA MC AMEX Card #: Expiration Date: Signature: 4. your registration information to: cle@law.georgetown.edu 5. ONLINE Georgetown University Law Center, Continuing Legal Education 600 New Jersey Avenue, NW,

8 24th Annual Representing & Managing Tax-Exempt Organizations Thursday-Friday, April 26-27, 2007 Hyatt Regency on Capitol Hill GeorgetownCLE:SEMINAR Georgetown University Law Center Continuing Legal Education 600 New Jersey Avenue, NW Non-Profit U.S. Postage PAID Wash., D.C. No SPECIAL SEMINAR Primer on Private Foundations Wednesday, April 25, 2007 Details Inside! Attention Mail Room: If the individual whose name is on the label is no longer employed, please forward this material to the successor. Who should attend? Attorneys Accountants Nonprofit Organization Executives, Board Members & Consultants Fundraising & Development Personnel Trust Offices What s new at the 2007 Conference: Find out what to do when a good grant goes bad Attend a first-time presentation on the anatomy of a state attorney general investigation Learn about the growing areas of incentive compensation and CEO contracts Discover how to structure a corporate sponsorship arrangement that works Explore tax and business issues arising from the increasingly popular private equity investments that EOs make as part of portfolio diversification Learn about recent developments in the field of charitable microfinance investments Explore how to handle conflicts of interest and other key governance issues Focus on recent tax law changes affecting EOs By attending, you will: Receive an up-to-the minute analysis of current developments affecting exempt organizations from national authority Bruce Hopkins Preview EO priorities at the IRS and Treasury with top officials Receive a special Capitol Hill update on issues affecting EOs from key Hill staffers Learn how to implement recent tax legislation, including important provisions affecting private foundations, supporting organizations and donor-advised funds Review the latest developments in IRS audits of EOs, including intermediate sanctions audits Get prepared for electronic filing when you review changes to IRS Forms 990, Schedule A, and 990-T Review current developments in state regulation of charities Learn about new rules affecting qualified and non-qualified deferred compensation Explore the latest developments and hot topics in unrelated business Find out about current issues involving ancillary joint ventures, including the relevance of EO control for UBIT and exemption purposes Review current developments in international philanthropy, including grant making, tax and withholding issues Design the learning experience that meets your educational needs by choosing among break-out sessions for in-depth coverage of important issues

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