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Nonprofit Should Protect Tax-Exempt Status When Accepting Donations

  • January 14, 2019
  • by Zana Tomich

In pursuing its charitable mission, a charity or church often accepts donations or solicits donations from donors.[1]  In some cases, the donation comes after receipt of some product or service. If the donor receives something in return for the donation, the nonprofit has a duty […]

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Settlement Agreement “Tender Back” Rule Upheld by Michigan Court

  • June 10, 2018
  • by Zana Tomich

Can an employee sue its employer where she released all claims in severance agreement, even though the employer stopped payments per the agreement?  In Yob v. Smith and Van Fossen, Mich. Court of Appeals No. 339607 (May 15, 2018), the court of appeals upheld the […]

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Court Clears Way for Use of Unpaid Volunteer Labor

  • May 7, 2018
  • by Zana Tomich

Organizations that use volunteer labor can breathe a sigh of relief.  With the latest decision from the Sixth Circuit Court of Appeals, Acosta v. Cathedral Buffet, Inc., 6th Cir., Case No. 17-3427, (April 16, 2017), the Appellate Court clarified that use of unpaid labor, was […]

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Producing Corporate Records: Not a Family Matter

  • April 9, 2018
  • by Zana Tomich

Closely held family corporations are often grounds for showing the complicated nature of familial relationships.  This is on display in Hammoud v. Advent Home Medical, a recent Michigan Court of Appeals case (No. 340502) which illustrates the interplay of discord among family members, and the […]

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Succession Planning: Estate Planning for Your Business

  • March 6, 2018
  • by Zana Tomich

Succession planning is a process all small business leaders should undertake.  Similar to estate plans for individuals, succession plans are used to address situations where there is a death, disability, or retirement of key individuals in the company. When a company is owned by just […]

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Do Religious Organizations Need to Apply for Tax Exempt Status?

  • February 8, 2018
  • by Zana Tomich

One might logically assume that the Religion Clauses provide the underlying basis for why churches and religious organizations are tax-exempt. However, churches in this great nation enjoyed tax exemptions even before the First Amendment was adopted.[i] Many have challenged congressional enactments that specifically exempted church […]

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Intent of the Donor: Can a Court Order a Refund?

  • October 27, 2017
  • by Zana Tomich

Churches are non-profit organizations that rely on the generosity of the public and their members, through stewardship, volunteerism, and donations in order to operate. Beyond day-to-day operations, typically churches will create a fund when raising money for a particular purpose. It seems as if every […]

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A Charity, Nonprofit, and Tax-Exempt Entity – Are They All the Same?

  • September 20, 2017
  • by Zana Tomich

The words “charity,” “nonprofit,” and “tax-exempt” are often used interchangeably, but they are not synonymous. While a corporation can be charitable, nonprofit, and tax exempt, not all nonprofits are charitable, or tax-exempt. A nonprofit corporation is a legal entity created under state law.[1] A nonprofit […]

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Opening and Running a Detroit Restaurant: 6 Legal Considerations

  • August 17, 2017
  • by Zana Tomich

Detroit attorney Zana Tomich of Dalton & Tomich, PLC shares tips for restaurant entrepreneurs and others looking to open food related business in Detroit. Topics include Getting Your House in Order, Secure Your Location, Licensing and Permits, Employment Issues and Trade Names and Branding. Read […]

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How to Acquire an On-Premises Liquor License

  • June 25, 2017
  • by Zana Tomich

In Michigan, restaurants, bars, and other establishment that sell liquor are regulated by state and local agencies. Like most states, Michigan created its liquor control commission after prohibition ended in 1933. The Michigan Liquor Control Commission (“MLCC”) regulates liquor licenses in the state, distributes new […]

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The attorneys of Dalton & Tomich, PLC have the experience and the knowledge to work with you to develop a legal solution that helps accomplish your goals. Our collaborative approach has helped leaders like you grow businesses and banks, develop and expand churches, and build nonprofit organizations nationwide.