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  • HankAndLeeStamper
    replied
    Originally posted by kh1958 View Post
    Tax exempt organizations cannot engage in "private inurement" which might well include providing excessive lifetime benefits to ex-executives. It does not matter if the IRS is actively asserting the existence of private inurement. Any exempt organization gets advice from attorneys to make sure it stays within the bounds of the law. That article is not written by a person well informed on the law.
    Nobody said he was well informed on the law. We just said he's the retired chief judge of the orleans parish civil district court where he filed for the injunction.

    Leave a comment:


  • Lit
    replied
    Originally posted by swag View Post
    And he's also trying to argue that a suggestion of tax issues only counts if it's written - an odd position from someone suing for perpetual benefits that were promised verbally only, and never in writing.
    Lawyer pet peeve alert: You mean "orally," not verbally. "Verbal" just means using words, oral or written.

    Leave a comment:


  • kh1958
    replied
    Tax exempt organizations cannot engage in "private inurement" which might well include providing excessive lifetime benefits to ex-executives. It does not matter if the IRS is actively asserting the existence of private inurement. Any exempt organization gets advice from attorneys to make sure it stays within the bounds of the law. That article is not written by a person well informed on the law.

    Leave a comment:


  • swag
    replied
    Originally posted by HankAndLeeStamper View Post
    Can't have my OnlyFans gang thinking i take a one-sided view of these things.
    If you missed it during the hub bub of the fest itself, here is the past president's side of things:

    https://www.theadvocate.com/baton_ro...cf74c4384.html
    This part seems disingenuous:

    The foundation had discussed a troubling report jeopardizing its 501(C)(3) status. This was an untrue statement. Only after the lawsuit was filed did the past presidents learn that there was not any written report; more astonishing, there were no calls, emails or letters initiated by the IRS stating any type of tax endangerment.
    He's suggesting that even if the board thinks something is wrong, that should keep doing it wrong until the IRS comes down on them - that's crazy.

    And he's also trying to argue that a suggestion of tax issues only counts if it's written - an odd position from someone suing for perpetual benefits that were promised verbally only, and never in writing.

    Leave a comment:


  • festbabe
    replied
    Originally posted by HankAndLeeStamper View Post
    Can't have my OnlyFans gang thinking i take a one-sided view of these things.
    If you missed it during the hub bub of the fest itself, here is the past president's side of things:

    https://www.theadvocate.com/baton_ro...cf74c4384.html
    Hmmm... I'm not entirely swayed.

    I'm interested in the legality of the last statement: "An offer and acceptance constitute an agreement. Now the foundation seeks to breach its agreement..." Because something is offered and accepted year over year, does it make it an agreement for future years? I mean, I might offer to and complete mowing your yard every weekend, but if I get tired of it, I tell you I can't do it anymore, will you take me to court because we had an implied agreement that I would be your lawn service?

    Leave a comment:


  • HankAndLeeStamper
    replied
    Can't have my OnlyFans gang thinking i take a one-sided view of these things.
    If you missed it during the hub bub of the fest itself, here is the past president's side of things:

    https://www.theadvocate.com/baton_ro...cf74c4384.html

    Leave a comment:


  • freebo
    replied
    All this legalese just "Lit" a fire under me to figure out - QUICK - how to become President of the Foundation Board.

    Let's see: If the party of the Fest part, will second the Mah-Naugahyde-Thuh part... Aw nuts!

    Leave a comment:


  • belyin
    replied
    Originally posted by 20/20 View Post

    Well thought out. Clearly presented. Makes good sense.


    Obviously you are not a professional lawyer.
    No, but i have served dinner to thousands of them .

    Leave a comment:


  • HankAndLeeStamper
    replied
    Originally posted by festbabe View Post

    Meh, I'm just here for the legalese.
    Bahahahahahaha

    Leave a comment:


  • 20/20
    replied
    Originally posted by belyin View Post

    Sadly, this whole affair speaks to the far too common attitude of the New Orleans political class toward both public service and cultural development--i.e., that is a source of prestige, patronage, power, and money. That Bagneris and Mercedel maneuvered their hoped to be private suit to a friendly judge in the same court that Bagneris once served surely stinks, and fortunately this ruling was overturned on appeal. I hope this cutting back on the perks represents a renewed commitment on behalf of the Foundation to their non-profit purpose, and if this makes serving on the board less attractive to parasitic politicians and business leaders all the better--perhaps it will open up more space of people actually involved in the musical communities.
    Well thought out. Clearly presented. Makes good sense.


    Obviously you are not a professional lawyer.

    Leave a comment:


  • festbabe
    replied
    Originally posted by HankAndLeeStamper View Post
    Jesus, now that i've figured out how to put a picture up on this bored you people are going to HATE me. Even more I mean!!!!
    Meh, I'm just here for the legalese.

    Leave a comment:


  • belyin
    replied
    Originally posted by HankAndLeeStamper View Post

    I know absolutely nothing bout the lawsuit. But.............from the way that article reads, the past presidents of the board are suing for breach of contract and that in exchange for serving as president of this volunteer board, they want their SEVENTY free fest tickets, their option to buy ONE HUNDRED 1/2 price fest tickets, plus their FOUR free backstage passes to Acura, Gentilly, and Congo...FOR LIFE it seems..............kind of a sweet little perk.
    Sadly, this whole affair speaks to the far too common attitude of the New Orleans political class toward both public service and cultural development--i.e., that is a source of prestige, patronage, power, and money. That Bagneris and Mercedel maneuvered their hoped to be private suit to a friendly judge in the same court that Bagneris once served surely stinks, and fortunately this ruling was overturned on appeal. I hope this cutting back on the perks represents a renewed commitment on behalf of the Foundation to their non-profit purpose, and if this makes serving on the board less attractive to parasitic politicians and business leaders all the better--perhaps it will open up more space of people actually involved in the musical communities.

    Leave a comment:


  • HankAndLeeStamper
    replied
    Originally posted by fichadelphia View Post

    You and swag are the only ones who know how to post photos to this board!
    But at least I've moved on from substack status, right????

    Leave a comment:


  • fichadelphia
    replied
    Originally posted by HankAndLeeStamper View Post
    Jesus, now that i've figured out how to put a picture up on this bored you people are going to HATE me. Even more I mean!!!!
    You and swag are the only ones who know how to post photos to this board!

    Leave a comment:


  • HankAndLeeStamper
    replied
    Jesus, now that i've figured out how to put a picture up on this bored you people are going to HATE me. Even more I mean!!!!

    Leave a comment:

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