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IIT Chicago-Kent College of Law
presents the
34th annual Conference
on Not-For-Profit
Organizations
Thursday, June 4, 2015
In Cooperation with:
Donors Forum
Illinois CPA Society
Continuing Legal Education
Program Faculty
OPENING PLENARY SPEAKER:
Tamera Ripperda
Director, Exempt Organizations, Internal Revenue
Service
EO Update: New Developments in Exempt
Organizations
Thomas Brean, Grant Thornton LLP
Thomas E. Chomicz, Quarles & Brady LLP
Michael A. Clark, Sidley Austin LLP
Christopher Conway, Regional Office Head, Mutual of America Life
Insurance Company
Harvey L. Coustan, Harvey Coustan LLC
John F. Crawford, Polsinelli PC
Tim Daum, Crowe Horwath LLP
Sarah L. Fowles, Quarles & Brady LLP
Paula Cozzi Goedert, Barnes & Thornburg LLP
Philip N. Hablutzel, Professor of Law, IIT Chicago-Kent College of Law
Therese Harris, Chief, Charitable Trust Bureau, Office of the Illinois
Attorney General
James R. Hellige, Foley & Lardner LLP
David J. Himes, Planned Giving Consultant, The Salvation Army
Territorial Headquarters
Norah L. Jones, Quarles & Brady LLP
Charlie Kosyla, S. Wolf & Associates, Inc.
Corbin J. Morris, Quarles & Brady LLP
Bryan L. Pautsch, Sikich LLP
Floyd D. Perkins, Nixon Peabody International LLP
John Pomeranz, Harmon, Curran, Spielberg, & Eisenberg LLP
Kevin Shimkus, Deloitte Tax LLP
Thomas J. Smedinghoff, Locke Lord LLP
Roger Stein, Nixon Peabody International LLP
Kathryn M. Vanden Berk, Bea & VandenBerk
Brian T. Whitlock, Plante Moran PLLC
Who Should Attend
•
•
•
•
Experienced Attorneys
Experienced Accountants
Experienced Not-For-Profit Organizations Staff
Experienced Advisors of Not-For-Profit Organizations
Highlights
•
EO Update: New Developments in Exempt Organizations
•
An In-Depth Look at Royalties
•
Illinois Attorney General’s Charitable Trust Bureau Update
•
Are You Prepared for an IRS Employment Tax Audit?
•
Audit and Accounting Update
•
Intellectual Property Law for Not-for-Profits
•
Advanced Issues in International Grant Making
•
Board of Directors: Recruit, Retain, and Retire
•
Retirement Plan Options and Executive Compensation
•
Restricted Gifts
•
Tax-Exempt Organizations and Lobbying
•
New Developments and Special Issues in UBIT
•
Cyber Security: What Are Your Obligations? How Much Do
You Need?
•
Affordable Care Act Update For Employers
•
Ethics For Accountants and Lawyers
•
Form 990 Updates
Program Schedule
Thursday, June 4, 2015
8:00 a.m.–8:55 a.m.
Registration
8:55 a.m.–9:00 a.m.
Welcome & Announcements
9:00 a.m.–10:00 a.m.
EO Update: New Developments in
Exempt Organizations
• The EO Director discusses
personnel changes, a new approach
to case selection in Exam, the new
Knowledge Management initiative,
the success of the 1023-EZ
application form and more.
Tamera Ripperda
Director, Exempt Organizations
Internal Revenue Service
Moderator: Floyd D. Perkins
Nixon Peabody International LLP
II. Are You Prepared for an IRS
Employment Tax Audit?
This session will focus on current
IRS employment tax audit activity,
items currently under exam and steps
to take now to minimize exposure.
Discussion will include:
• Worker classification
• 1099 compliance
• Fringe benefits, including
continuing education, loans,
spousal travel
• Payment to non-US taxpayers
Kevin P. Shimkus
Deloitte Tax LLP
10:00 a.m.–11:00 a.m.
An In-Depth Look at Royalties
• The IRS is challenging royalties
on audit in surprising ways.
Techniques which the tax-exempt
community thought were safe are
being challenged on audit. How
much support can be expected
from courts? This session will
review the current state of the law
and new challenges being made
during IRS audits.
Paula Cozzi Goedert
Barnes & Thornburg LLP
III. Audit and Accounting Update
• This session will discuss
recent accounting and audit
developments of interest to notfor-profit organizations. It will also
review ongoing FASB projects that
could have a significant impact
on not-for-profit accounting and
financial reporting.
Thomas Brean
Grant Thornton LLP
11:00 a.m.–11:15 a.m.
Break
12:45 p.m.–1:30 p.m.
Luncheon Topics
I. Intellectual Property Law for
Not-For-Profits
• Copyright enforcement and
compliance issues for not-for-profits
• Trademarks: protecting your
organizational brand and reputation
Roger Stein
Nixon Peabody International LLP
11:15 a.m.–12:15 p.m.
Concurrent Workshops—
Choose One
I. Illinois Attorney General’s
Charitable Trust Bureau
Update
• Compliance and reporting
requirements
• Litigation matters and concerns
Therese Harris
Chief, Charitable Trust Bureau,
Office of the Illinois Attorney
General
12:15 p.m.–1:30 p.m.
Buffet Luncheon
II. Advanced Issues in
International Grant Making
• This session will provide an
overview of the different ways in
which private foundations can
engage in international grant
making. Covered approaches
will include equivalency
determinations, expenditure
responsibility, and grants to
“friends of ” organizations
Norah L. Jones
Quarles & Brady LLP
Corbin J. Morris
Quarles & Brady LLP
III. Board of Directors: Recruit,
Retain, Retire
• The speakers will lead a discussion
through various scenarios and
problems which illuminate the
stresses and pitfalls in keeping
a board of directors active and
effective.
Thomas E. Chomicz
Quarles & Brady LLP
Philip N. Hablutzel
Professor of Law
IIT Chicago-Kent College of Law
1:30 p.m.–2:30 p.m.
Concurrent Workshops—
Choose One
I. Retirement Plan Options and
Executive Compensation
• Compliance and reporting
requirements popular options
within these plans, including
designated Roth contributions
and automatic enrollment
provisions
• Review 457(b) plans, 457(f) plans,
and Section 409A of the Internal
Revenue Code
Christopher Conway
Regional Office Head
Mutual of America Life
Insurance Company
Tim Daum
Crowe Horwath LLP
II. Restricted Gifts
• This panel will discuss whether a
charitable organization is using a
restricted gift in a way consistent
with the donor’s restrictions and
how to determine if in fact a gift
is restricted
• Modification of charitable trusts
and charitable gifts
• Donor enforcement of charitable
gift restrictions
James R. Hellige
Foley & Lardner LLP
David J. Himes
Planned Giving Consultant
The Salvation Army Territorial
Headquarters
III. Tax-Exempt Organizations
and Lobbying
• From defending your
organization against state
funding cuts to promoting
public policies to support your
organization’s mission, not-forprofits play a vital role in the
policy process. This panel will
explain what lobbying is and how
much 501(c)(3) organizations can
do, how private foundations can
fund organizations that lobby, and
what additional obligations notfor-profits have under federal and
state lobbying disclosure laws.
Michael A. Clark
Sidley Austin LLP
John Pomeranz
Harmon, Curran, Spielberg,
& Eisenberg LLP
2:30 p.m.–2:45 p.m.
Break
2:45 p.m.–3:45 p.m.
Concurrent Workshops—
Choose One
I. New Developments and
Special Issues in UBIT
• This session will review new
developments in UBIT and discuss
contemporary applications of
the UBIT rules to the Internet,
fundraising, and alternative
investments.
John F. Crawford
Polsinelli PC
Bryan L. Pautsch
Sikich LLP
II. Cyber Security: What Are
Your Obligations? How Much
Do You Need?
• No one is immune from the
escalating epidemic of cyber
security breaches. Every
organization must protect
confidential, sensitive, and
valuable data. But what is
required–both legally and
practically? This session will
examine the expanding scope
of the legal obligations of every
organization to address the
security of its data, and the
practical challenges of doing so.
Thomas J. Smedinghoff
Locke Lord LLP
III. Affordable Care Act Update
For Employers
Join us for a discussion of:
• Compliance strategies for new
ACA tax reporting for 2015 for
large employers
• The latest guidance and employer
preparations for the Cadillac tax
on high cost health insurance
• King v. Burwell case on
individual health insurance tax
subsidies
Sarah L. Fowles
Quarles & Brady LLP
Charlie Kosyla
S. Wolf & Associates, Inc.
3:45 p.m.–4:00 p.m.
Break
4:00 p.m.–5:00 p.m.
Concurrent Workshops—
Choose One
I. Ethics for Accountants and
Lawyers
• Circular 230
• Loving v. Internal Revenue
Service and the regulation of tax
return preparers
• Discrimination claims under
Linchpins of Liberty et. al. v.
United States and the issues with
the acquisition of tax return
information
Harvey L. Coustan
Harvey Coustan LLC
II. Form 990 Updates
• Two active practitioners, an
attorney and a CPA, will review
recent developments involving
the IRS focus on IRS Form 990
in approaching audit issues. In
addition to looking at changes in
the Form 990, the speakers will
review recent IRS compliance
audits, published guidance, and
tax cases which have focused
on compensation issues and
UBIT impacting not-forprofit organizations, religious
organizations, universities, and
trade associations.
Kathryn M. Vanden Berk
Bea & VandenBerk
Brian T. Whitlock
Plante Moran PLLC
Advisory Board
Andreason L. Brown
Chief Financial Officer
Donors Forum
Kelly Anne Calvanico
Director
Office of Continuing Legal & Professional Education
IIT Chicago-Kent College of Law
David S. Chernoff
Associate General Counsel, retired
The John D. and Catherine T. MacArthur Foundation
Conference Co-Chair
Thomas E. Chomicz
Retired Partner
Quarles & Brady LLP
Conference Co-Chair
Denis J. Conlon
Of Counsel
Martin, Brown, Sullivan, Roadman, & Hartnett Ltd.
Philip N. Hablutzel
Professor of Law, Director of the Institute of Illinois Business Law
IIT Chicago-Kent College of Law
Faculty Sponsor
Bruce E. Huey
Of Counsel
Friedman & Huey Associates LLP
William I. Miller
Office of Chief Counsel, Tax Exempt & Government Entities
Internal Revenue Service
Floyd D. Perkins
Partner
Nixon Peabody International LLP
Mary Rauschenberg
Tax Director
Deloitte Tax LLP
Janice E. Rodgers
Partner and Chair, Tax-Exempt Organizations Team
Quarles & Brady LLP
Conference Co-Chair
David S. Rosen
Senior Vice President, Endowments
Jewish United Fund
Brian T. Whitlock
Tax Partner
Plante Moran PLLC
General Information
Program Location
The conference will be held at IIT
Chicago-Kent College of Law,
565 West Adams Street in Chicago.
Confirmation of Registration
A letter of confirmation will be emailed
to the address given on your registration
form. If you do not receive an email
confirmation please contact the
Office of Continuing Legal &
Professional Education at
[email protected].
Confirmation of Attendance
A certificate of attendance will be
provided at registration.
Cancellations and Refunds
Written notification of cancellation is
required. A full tuition refund is
available if notification is received prior
to May 7, 2015; 25% will be charged if
notification is received between May 8
and May 28, 2015. No refunds will be
granted after May 28, 2015.
MCLE Credit
IIT Chicago-Kent College of Law is an
accredited provider for IL & PA
MCLE. This conference is eligible for
6.75 hours of IL MCLE and includes
1.0 hour of ethics credit (pending
final approval). The actual number of
approved hours may vary from state to
state. For additional information: please
call the Office of Continuing Legal and
Professional Education, IIT ChicagoKent College of Law, (312) 906-5090,
or send an email to [email protected].
CPE Credit
8.0 hours on a “50-minute” credit hour.
IIT Chicago-Kent College of Law is a
registered public accountant
professional education sponsor in
Illinois.
Hotel Accommodations
Hotel accommodations for the
convenience of out-of-town guests
have been made at the Club Quarters,
Central Loop. The room rate at the
Club Quarters is $227 for single
occupancy, plus 16.4% tax. The Club
Quarters is a private, no frills hotel
designed specifically for the business
traveler and is located five blocks east
of the law school within easy walking
distance. Please make reservations
directly with the hotel. Requests for
accommodations cannot be assured if
made after May 3, 2015.
To Make Reservations:
Club Quarters, Central Loop
111 W. Adams Street
Chicago, IL 60603
Phone reservation line:
(203) 905-2100
http://tinyurl.com/nfp2015
When booking online enter group
code: IIT603
Please mention to the hotel reservation
receptionist that you are with the
IIT Chicago-Kent College of Law
Conference on Not-For-Profit
Organizations.
Registration Fee (per person)
Early Registration Fee: $225
After May 22, 2015: $255
(A $10 per person discount is available
to groups that register 3 or more
individuals at the same time.)
IIT Chicago-Kent College of Law
Alumni Rate: $199
(no group discount available and
non-transferable)
Fee includes continental breakfast,
lunch and course materials.
Registration Form: Not-For-Profit Organizations
Thursday, June 4, 2015
3 Easy Ways to Register
Online: cle.kentlaw.edu
Mail:
Office of CLE
IIT Chicago-Kent College of Law
565 West Adams St.
Chicago, IL 60661-3691
Phone: (312) 906-5090
Registration Code
(found by mailing
address)
Name (please print)
Professional Title
Firm
Address
City
State
Telephone
Zip
Fax
Email
Attorney Registration #
If Chicago-Kent College of Law Alumni, list month and year of graduation: Month_____Year_____
qPlease check here if you have any special needs and a CLE staff member will
contact you.
Payment Information
q Payment by check. Amount enclosed $ ____________________
(Make check payable to: IIT Chicago-Kent College of Law)
q Payment by credit card. Amount enclosed $ _________________
q VISA
q American Express
Card #
Security Code
Signature
q MasterCard
q Discover
Exp. Date