Lynne

This is a rather 'off the top of the head' answer, and I'm no tax lawyer,
but from what I have learned at museum law workshops, if the Historical
Society is meeting it's mission and purpose in preserving the house,
donations to that purpose would be tax deductible regardless of how the
house is preserved after it is saved --that will be just an ongoing part of
the preservation and 'good stewardship' process. Whether the city owns it or
the Historical Society, it is still preserved for the benefit of the public.
It might even be possible (and perhaps even wise) to preserve the link by
writing the Historical Society into an agreement with the city in some way,
in an oversight role, when it is transferred to the city.

It would be an entirely different story if the Historical Society took "pass
through" donations for a non-501(c)(3) entity that had no clear relation to
it's charitable purpose. 

I think there was a Museum-L thread a few months back on public-private
partnerships.  You might check the archives for that.

Lucy Sperlin
Butte County Historical Society
Chico, California



-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On Behalf
Of Lynne
Sent: Tuesday, May 09, 2006 7:08 AM
To: [log in to unmask]
Subject: Are we at risk & wording for donation receipts

   Our small community is trying to raise private donations to be used to 
purchase the community's most historically significant house, which is on 
the market right now. The tentative plan is to have residents make donations

to our historical society -- for the tax benefit of a doantion to a 501(c)3,

then the society buys the house and donates it to the town (because it is 
generally agreed that the society cannot afford to maintain the house).
    I have two questions about this:

1 -- One of our (retired lawyer) board members has raised some questions 
about the risk ti the society because of the tax benefit to donors if their 
donation is made with the full understanding that the house will immediately

go to the town. In other words, the society is being a conduit for the funds

just for the tax benefit. A pro bono lawyer is looking into this for us, but

other local attorneys have said it doesn't matter what we do with the 
donations.

2 -- Assuming things go as abive, we need some wording for the receipt to be

given to the donors, to indicate that they have not received any goods or 
services in exchange for their donation. I searched the archives for 
"donation receipts" buy did not find the precise form for which I was 
searching. I also checked the museum-forms book but a hasty spin through did

not give me the answer either.

Can you help?
Thanks.
Lynne

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