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RE: garden in anniston, AL


Dan et al.:

Note: This e-mail does not constitute legal advice. The writer is not
engaged in rendering legal, accounting or other professional services, If
legal advice or other expert tax assistance is required, the service of a
licensed attorney or certified public accountant should be sought. {Whew,
this is really how serious incorporation and tax advice is!]

I'm a pretty cheap individual, and a big believer in saving money and time.
Dan's suggestion is well taken when you are doing a one-shot demonstration,
setting up an organization very quickly and implicitly trust your
co-incorporators. However, when it comes to Federal and State Tax law, I
believe that your should do it right the first time.Piggybacking is OK if
you're willing to cede any part of the control and running of your garden to
another organization. Remember, you're at the mercy of the folks who have
possession of  the paper and could become liable for their mistakes or
shennanigans. 

 Remember what a corporation is in US law: a body formed and authorized
under the law to act as a single person although constituted by one or more
persons and legally endowed with various rights and duties including the
capacity of sucession. The 501(c) (3) charitable corporation is something
you should do once, do right and do for yourselves. This little piece from
the IRS's digital daily newsletter to tax professinals should give you an
idea of the complexities of not-for-profit tax law.

http://www.irs.ustreas.gov/prod/bus_info/tax_pro/irm-part/part07/36070a.html

Good luck!

Happy gardening,
Adam Honigman



> -----Original Message-----
> From:	daniel bowers [SMTP:danielbowers@yahoo.com]
> Sent:	Sunday, February 11, 2001 12:54 AM
> To:	community_garden@mallorn.com
> Subject:	RE: [cg] garden in anniston, AL
> 
> hi,
> another easy way to achieve your goal is to piggy back
> with an organization that already has non profit
> status (501c3). this will save you the trouble of
> having to do it yourself. peace groups often have this
> status and would LOVE to work with agronomists.
> peace,love,and sunshine
> dani
> --- "Honigman, Adam" <Adam.Honigman@Bowne.com> wrote:
> > Joey,
> > 
> > 1) What you need is some pro-bono legal help to set
> > up your group as a
> > not-for-profit corporation under the laws of
> > Alabama. Under the federal tax
> > system, what you want to become is known as a 501
> > (c) (3) corporation.
> > Contact your nearest Unversity with a good law
> > school. Most law schools have
> > legal clinics where they do pro-bono work for
> > indigents and not-for-profit
> > start ups. Maybe one of you knows a local law firm
> > that would take your
> > incorporation as a not-for-profit charitable
> > organization as one of their
> > pro-bono cases ( many law firms have that degree of
> > social responsibility.
> > The telephone book is a mighty resource. You might
> > want to give a hollar to
> > the Trust for Public Land in your part of the world
> > for leads on attorneys: 
> > 
> > TPL Southeastern Region
> >  Southeast Regional Office Address
> > Southeast Regional Office
> > 306 North Monroe
> > Tallahassee, FL 32301
> > (850) 222-7911
> > FAX (850) 222-3133
> >                          
> > link :http://www.tpl.org/tier2_rl.cfm?folder_id=211
> > 
> > 
> > 2) Go to the elected official ( or the aide - i.e.
> > the one who does the
> > work)  closest to the area that your garden is sited
> > with some of the folks
> > who helped elect him, worked on his campaign, knows
> > his momma from church.
> > It might be worth while to have letters from
> > clergymen and the organizations
> > that would potentially benefit from your project. 
> > Have your plan laid out
> > on paper, the names of the volunteers, the nice
> > person who is willing to
> > lend you the land, everything. It might be a good
> > idea to have an informal
> > conversation with some of your local journalists,
> > radio and college stations
> > about your project. Get one of them to come along as
> > a member of your
> > working group.
> > 
> > When you meet with the elected ( or most likely
> > aide) show him/her all that
> > all of your ducks are in a row.  Tell him that you'd
> > really like whatever
> > advice he could give you in finding a pro-bono
> > lawyer, some low-cost
> > insurance, etc. You're not ASKING for anything
> > except advice, a steer to
> > some free legal aid and perhaps a good word to the
> > local agricultural
> > extension for the group.  Tell him that he has an
> > invitation ( i.e. photo
> > opportunity) at the garden opening. 
> > 
> > Honestly, this is the kind of private,
> > non-governmentally funded social
> > service project that legislators adore these days -
> > thousand dots of light
> > sorta thing.  I wouldn't be surprised if you walk
> > out of his door with some
> > good leads to funding. 
> > 
> > Best wishes,
> > 
> > A Good 'ol boy and gardener  from NYC's Hell's
> > Kitchen,
> > 
> > Adam Honigman
> > 
> > > -----Original Message-----
> > > From:	joey Roberts
> > [SMTP:jroberts@trucking2000.com]
> > > Sent:	Friday, February 09, 2001 6:46 PM
> > > To:	community_garden@mallorn.com
> > > Subject:	[cg] garden in anniston, AL
> > > 
> > > Hello Sally,
> > > My friends and I are trying to organize a garden
> > in Anniston , AL to help
> > > provide for the various charitable org.s in our
> > > area, Women's shelter, Salvation Army, Soup Bowl,
> > ... Help.  I am a
> > > graphic
> > > artist and  self taught gardener. I am stuck on
> > > the problem of forming a non-profit so that
> > contributors to our garden can
> > > write off there donations.  We have someone
> > > willing to let us use there land, but we need the
> > proper systems in place
> > > to
> > > handle there business request's ie. tax write off,
> > > insurance, liability so on.  I would appreciate
> > any feedback you have and
> > > would like to see where your org. could help us
> > > get started this year.  thanks so much Joey
> > Roberts
> > > 
> > > 
> > > 
> > > _______________________________________________
> > > community_garden maillist  - 
> > community_garden@mallorn.com
> > >
> >
> https://secure.mallorn.com/mailman/listinfo/community_garden
> > 
> > _______________________________________________
> > community_garden maillist  - 
> > community_garden@mallorn.com
> >
> https://secure.mallorn.com/mailman/listinfo/community_garden
> 
> 
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