Nonprofit law
Perlman & Perlman
  SPRING 2010


In the News
Bankruptcy Trustee Seeks to Invalidate $8.1 Million Donation to Yale

A bankruptcy trustee for the now defunct BearingPoint Business Consulting firm is trying to force Yale University to return $8.1 million in donations it received from BearingPoint since 2006.  The trustee has argued that "no material consideration flowed to BearingPoint, and no benefit to its business or assets was derived from the [contributions]" thus, the money should be returned.

The contributions at issue date back to 2006 when BearingPoint pledged $30 million to the Yale School of Management for various "naming opportunities."  BearingPoint later made additional pledges and payments to the school to support "educational initiatives."  The pledges actually paid prior to bankruptcy in 2009 amounted to $8.1 million.

For the trustee to prevail, he will have to show that the amounts BearingPoint gave to Yale were unreasonable, not in terms of the return benefit received, but in relation to the size of the company's overall expenses.  Alternatively, he will have to show that the grants were made for an improper purpose.

Stay tuned for further developments.



 
Back to Newsletter
 
In The News
· Are Non-Profits' Real Estate Tax Exemptions at Risk? 
· IRS Issues "Dirty Dozen" List of Tax Scams
· Bankruptcy Trustee Seeks to Invalidate $8.1 million Donation to Yale
· Notable State Legislation
 
Issues and Trends
· Joint Cost Allocations Increasingly Applied to New Media
· Altruism and Compassion in Economic Systems Conference
 
Recommended Resources
·
IRS Issues Guidance and Clarification on New Form 990



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