Friday, February 1, 2008

Jones on Third Party Profit Taking In Tax Exemption Jurisprudence

Darryll K. Jones has published Third Party Profit-Taking In Tax Exemption Jurisprudence, 2007 B.Y.U. Law Rev. 977 (2007).  The article argues that the present antipathy to non-insiders getting rich from their market based transaction with exempt organizations -- e.g., physicians who enter into joint ventures with nonprofit hospitals or home builders who fund downpayment assistance programs -- unnecessarily prevents the accomplishement of charitable needs that are also left unmet by government or the for-profit market. The article concludes that it is ridiculous to prohibit necessary, market-based transactions under the guise of the private benefit doctrine just because the transaction results in conspicuous wealth to a vendor, without whose participation the charitable goal would not be met.  Ok, maybe the picture linked to my name is not really me (but did I say it was me?). 

dkj

http://lawprofessors.typepad.com/nonprofit/2008/02/third-party-pro.html

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Comments

Using that picture in your link is amoral, though I would argue that the market economy upon which are way of life is dependent is not. There are, however, amoral individuals who's companies profit greatly, Exxon for example, at the expense of the general public. After realizing the highest profit in the history of man when the price of gasoline is having a cripling effect on our economy, they claim that they need the additional cash to find new sources of fuel, when we all no that any additional costs will be passed on to the consumer as the amoral (and some may say immoral) executives will continue to line their pockets with our cash.

Posted by: Spider | Feb 2, 2008 4:59:05 PM

I can't beleive you used my picture!

Posted by: Spider | Feb 2, 2008 7:47:27 PM

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