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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 89669
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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How do I establish damages to a non profit org. (501 c 3)?

Resolved Question:

How do I establish damages to a non profit org. (501 c 3)?
Submitted: 1 year ago.
Category: Business Law
Expert:  Zachary replied 1 year ago.
Thank your for your question.

Non-profits are not limited in their ability to recoup damages. The fact that you may still calculate a "loss of profits" on a certain transaction is not affected by the fact that the business suing is a non-profit.

What is the situation which gave rise to the damages?
Customer: replied 1 year ago.

Hello,


 


This will probably be the craziest most stupid thing you have encountered in a while. But here is the story.


 


I am a CPA and do HUD work. Included in that is non profit organizations in partnership with tax credit projects. Years ago, I set up a non profit to provide housing for the low income and elderly. I personally purchased some land in the state of Washington (pacific beach).



Some general information: I am a CPA in about 20 states and travel extensively working on audits of Housing Authorities. I have been self employed and had a profitable business for the past 23 years.


 


1. Non profit information. The Indiana Low Income and Elderly Housing Development Corporation is an Indiana Corporation and was set up (about 20 years ago) for the purpose of developing tax credit properties for low income and elderly individuals. Attached is IRS information. The corporation owns a piece of land in Pacific Beach Washington that was purchased from an IRS tax sale for about $5,000 and now has a value of $17,000. The property was a toxic waste site and has been cleaned up by the nonprofit organization. You can see the ocean from the property and it would support the development of a 12 unit one bedroom complex. Attached is the property information. The donation of the property to the nonprofit organization was taken as a personal tax deduction by Jean and Robert Sickels about 15 years ago.


 


The whole organization was illegally given to Robert Sickels in the divorce mediation settlement. The nonprofit organization hired an attorney (Daniel Paul) to intervene, but the cost was prohibitive and he proved difficult and was let go. However his intervention and legal analysis is valid and attached.


 


Based on advice from Jim Underwood from Wyndham Branham (my employer more than 25 years ago ( when I finished my masters degree in tax)), this personal inurnment of the property to Robert Sickels constitutes a 235% penalty on the $17,000 value and this form has been filed with the IRS criminal investigation division and the whistleblower division. The divorce decree states that Robert Sickels , per the mediated settlement is responsible for all debts of the nonprofit organization. There are other liabilities of the organization including legal fees and accounting fees because the organization lost its exemption due to Robert Sickels diversion of the mail. The exemption issues have all been resolved over the past 2 years.


It is not known if Robert Sickels has taken the land. The divorce decree allows him to take it. Robert Sickels has not paid the debts.


4 different lawyers have allowed this to happen:


Julia Fifer -Robert Sickels attorney


Marcus Berger III - Robert Sickels attorney


Cheryl Carpenter - mediator


Carl Banks - Jean Sickels attorney


 


 

Expert:  Zachary replied 1 year ago.
Hi,

I'm afraid I'm going to have to opt out here as I have to leave my office and want you to receive an answer today. Please be patient and another attorney will come along to answer the question shortly.

Thanks,
ZDN
Customer: replied 1 year ago.

Thank You.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. Your previous expert had to leave and I am different contributor looking forward to working with you to provide you th information you are seeking.

While all of the background information is interesting and I cannot believe the attorneys allowed the conversion of non profit property to personal property. The damage to the non-profit would be calculated as the value of the property it lost, the losses from having to file to seek to reinstate the non-profit status (or damages for not being able to reinstate the non-profit status) and the costs of any legal fees incurred in trying to get the property back and straighten out the ownership of the land. There is no non-pecuniary loss damages to the LLC, just the actual damages.




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Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 89669
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 6 other Business Law Specialists are ready to help you

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