Friday, February 26, 2010

There is a non-profit 501 (c) (3) Making Independent Business Taxable Income (ubtier) for advertising?

Non-profit organizations that are exempt from income tax under § 501 (a) the tax on business income are subject to independent scrutiny. § § 501 (b), 511 foreign business income gross income is from an organization of independent trade or business secrets, done regularly by it, less the amount authorized. § 512th An "independent trade secrets or business is any trade or business secrets, which is not substantially related (aside from the need for such organization for income or funds) toThe purpose of the organization. § 513th However, the secrets of the trade "or an independent business" there is no trade or business secrets, where almost all the work is done for the organization without compensation. § 513 (a) (1). See Rev. Rul. 75-201, 1975-1 CB 164

The sale of advertising space in a publication published by an organization exempt from tax is an independent business or trade secrets, if the advertising is carried out regularly. Reg 1512 (a) -1 (f) (1). See also Rev. Rul. 73-424, 1973-2 CB190.

The courts have ignored the advertising revenue of the business income are independent, in some cases. For example, in the National Collegiate Athletic Association. V. Comm (1990, CA10) 66 aftr 2D 90-5602, 914 F.2d 1417, 90-2USTC 50,513, revg (1989) 92 TC 456, advertising revenue through the sale of programs that NCAA is sponsored each year to receive The World Cup is not an independent business income, where the tournament took less than three weeks and came onceYear.

IRS Chief Counsel "strongly agree" with the Tenth Circuit. The IRS contends the district court should have considered the time spent solicit advertising and preparation of advertising for publication. IRS has announced that it continues to support in appropriate cases. Action on Decision 1991-015, 7/3/91.

IRS differ NCAA, where a public university revenue from advertising in its football programs as flavors. Here there is a considerable time --span participated, were conducted on the activities. The football season lasts three months and work for the implementation of programs and asked Adverting lasted even longer. IRS letter and 9137002

Assuming that the magazine is published regularly throughout the year, a tax exempt organization should not count, National Collegiate Athletic Association. Regular publications and efforts may be appealed to an independent company to make a regular basis. See§ 512th

The Court does not take into account the income advertising revenue of independent firms in the United States against American College of Physicians, () 1986 S. Coach American College of Physicians, the Court concluded that the advertising industry is an important contribution to the training program for university students for training.

Although advertising revenues, rather than business income, whether advertising contributes to the goal of independent 'organization. EgPublication of legal notices in newspapers Bar Association contributes to the free use of the center to promote the common interests of a lawyer from a single source of information on legal events in the province and can not cause the loss of business entrance. Rev. Rul. 82-139, 1982-2 CB 108 But it will be advertising revenue through a bar association for attorney ads in its directory to receive taxable income, such as advertisingcommercial in nature and represents an effort by advertisers to sell to a particular part to maximize the public. IRS letter ruling 9,148,054 th

Similarly, advertising revenue through a tax exempt Magazine Trucking Association has not been given the scope of the association are exempt from tax to intervene if the marketing efforts of advertising is that advertisers sell their products. In this case, no systematic effort has been made by the organization to add products to the topic of advertisingeditorial content and made no effort was made by the Organization to restrict the advertising of new products. Florida Trucking Association, Inc. (1986) 87 TC 1039

It 'clear that with few exceptions, produces, without advertising revenue through a 501 (c) (3) organization of independent companies, often received a taxable income (ubtier).

Saturday, February 20, 2010

The legality of sobriety checkpoints

Put in many states in the nation, police DUI checkpoints to detect drunken drivers by surprise. Also composed of "sobriety checkpoints are typically 9-2 areas reported drinking and driving is common. At these checkpoints, all drivers must slow down in the street and an officer asked him to stop drinking the night before . Sometimes, but not all cars stop, but every couple of vehicles or drivers onlyThe officer has a reasonable suspicion of impaired driving. Moreover, some officials may stop a car that runs and runs in the opposite direction when the driver sees in front of the dam.

These posts are part of a broader strategy to enforce laws against drinking and driving approach. The checkpoint to make public the impression that the probability of getting caught while driving under the influence is very high and thus prevent them from doing so.

DUI Checkpointsto undermine the Fourth Amendment of the Constitution of the United States, which said:

"The right of citizens to be in their persons, houses, papers and effects secure against unreasonable searches and seizures, whether justified or not be violated, and make no warrants, but before the probable cause of the oath or affirmation, all, however, the description of the organization will be searched and the persons or things to be seized. "

Fourth Amendment protects humansarrested without probable grounds that a crime committed or without a warrant. Therefore, the constitutionality of sobriety checkpoints in Michigan V. seat has been contested (1990). The highest court in a decision of Split, which was declared unconstitutional DUI checkpoint even though the individual freedoms protected under the Fourth Amendment, because they are required to stop drunk driving and to prevent efficiently. However, have argued that judges dissenting Searchshows that the checkpoints are deemed ineffective and may even have negative effects.

Despite the judges decided that elements of the BDI are constitutional, many states have a number of different cases challenging the legality of the DUI checkpoints, according to their respective constitutions. Rhode Island is one of those States. Although many states have upheld the checkpoints in the rule of law because the process of 1989 Primental c. Rhode Island DUI checkpointunconstitutional in Rhode Island.

For more information about drinking and driving laws in Rhode Island, visit the website of the Rhode Island drunk driving defense James Powderly.

Wednesday, February 17, 2010

Beat A Speeding Ticket - The Cold Hard Facts to rid the speeding ticket next!

Happens to the best of us. You can get the noise in an important job interview or trying to beat the buzzer in submitting a draft of this master awfully close. It may be that you're too wrapped up in their own world, that one forgets that are 90 km / h in a 50 MPH zone imports. Do not be too hard on himself as a huge percentage of U.S. population of mobile telephony, a nodule in a given point in their lives. And some suggestions cold and hard, like getting a shotParking violations can not be something you should know each and everyone of us.

The best way to beat this ticket is not really the police. No, we're not talking about driving, like your grandmother or drive too slowly, it can also be disabled. What we propose is that if they catch you doing to beat the best technique for a fine not allow the officer who she was. And how are you doing?

1. If you can not hear the sirens behind him, no, andThis can not be emphasized enough, take off and not try to race from the official who is running in Mexico. One that only works when you watch a comedy where the protagonist had to save something for his beloved illegal and two, there's no way your driving skills are better than those formed by an agent. What you do is you can hear the sirens, stop, stop the engine and wait, "Officer reached the window of your car.

2. If you are a person who is notdoes not work well with authority, then you have to bite his tongue, because when it comes to knowing how to beat a parking ticket you receive, all linked to the police. As indicated in paragraph 1 above, turn off the machine, turn off the light roll on the driver's seat and windows. Be very respectful and polite to the officer and give him the license and registration immediately. Let him go to work and make it as easy as possible for him.

3. Once that is done withhis hands, you can begin to take the decisive step, how to beat a parking ticket. Communication. Speak with the officer, show him how sorry you exceed the speed limit, tell him you understand that it is only his job. Then tell him you know it takes your safety. Once it is finished, ask him if he could let go of your "little" incident just this once, it is confirmed that she seems desperate to be explained later, the officer, how can this promisenot happen again. Although this statement to the official, should show your face, your honesty and your voice, you should never occur. An agent is a human being and if you ever show remorse, then increases the chances of beating the ticket.

In short, the core of how to beat a parking ticket, and has done through communication with the arrest and that it is better to show respect for authority.

Saturday, February 13, 2010