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Presented by
The Conference of Southwest Foundations
The University of Texas School of Law

Major Sponsors
The Frost Financial Management Group
Thompson & Knight LLP
Bessemer Trust

General Sponsors
Bourland, Wall & Wenzel, P.C.
Ernst & Young LLP
Fizer, Beck, Webster, Bentley & Scroggins, P.C.
Fuentes Toubia, PLLC
Weycer, Kaplan, Pulaski & Zuber, P.C.
Conference art

26th Annual

Nonprofit Organizations Institute

The Southwest's leading gathering of executives, attorneys, accountants, trustees, CEOs and CFOs of private foundations and nonprofit organizations.
Austin Jan 14*, 15-16, 2009 Four Seasons Hotel
*optional Wed Afternoon session
Conference Concluded
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Overview

Leading national experts from law, government, accounting, and private foundations will discuss the latest tax, legislative, and governance issues including a special break-out track for private foundations. This year's program also includes a three-hour optional Wednesday "nuts and bolts" primer on the new Form 990.

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 January 14, 2009
  • Day 2 January 15, 2009
  • Day 3 January 16, 2009
  • Time
    Credit
    Subject
    Speaker
  • Wednesday Afternoon, Jan. 14, 2009
  • Optional Breakout Sessions
    Please select on registration form - additional fee.

  • 2:30 pm
    Registration Opens

  • Track A - Primer on Nonprofit Organizations
  • 3:00 pm
    1.50 hrs
    0.50 hr ethics
    Primer on Nonprofit Organizations—Part I
    This two-part session covers choice of entity and governance issues common among nonprofit organizations, and offers a brief overview of non-501(c)(3) tax-exempt organizations. It offers a crash course to private foundations and public charities with a discussion of obtaining tax-exempt status, and maintaining that status by avoiding transactions prohibited by the Internal Revenue Code such as private benefit, prohibited transactions for private foundations, and excess benefit transactions for public charities. The session will also provide an introduction to the unrelated business income tax.

    Darren B. Moore, Bourland, Wall & Wenzel, P.C. - Fort Worth, TX

  • 4:30 pm
    0.00 hr ethics
    Break

  • 4:45 pm
    1.50 hrs
    Primer on Nonprofit Organizations (cont.)

  • 6:15 pm
    0.00 hr ethics
    Adjourn

  • Track B - The New Form 990: A Nuts and Bolts Guide
  • 3:00 pm
    1.50 hrs
    The New Form 990: A Nuts and Bolts Guide
    This session provides a nuts and bolts guide to the new Form 990, highlighting key issues for both preparers and organizations providing information to their accountants.

    Joyce Hellums, Ernst & Young LLP - Austin, TX
    Kathy Pitts, Ernst & Young LLP - Birmingham, AL
    Elaine Sommerville, Ratliff & Sommerville, PC - Arlington, TX

  • 4:30 pm
    0.00 hr ethics
    Break

  • 4:45 pm
    1.50 hrs
    The New Form 990: A Nuts and Bolts Guide (cont.)

  • 6:15 pm
    0.00 hr ethics
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Jan. 15, 2009
    Presiding Officer:
    P. Mike McCullough, Thompson & Knight LLP - Dallas, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Welcoming Remarks

  • 9:00 am
    0.75 hr
    0.25 hr ethics
    New IRS Focus on Nonprofit Corporate Governance
    The IRS has increased its scrutiny of nonprofit governance. This presentation examines important recent developments concerning the IRS’s expectations and areas of interest in matters relating to governance

    Johnny Rex Buckles, University of Houston Law Center - Houston, TX

  • 9:45 am
    0.50 hr
    Donor Advised Funds
    This presentation will cover basic definitional issues, prohibitions on distributions, benefits, and payments, IRS compliance efforts, and prospects for corrective legislation.

    Janne G. Gallagher, Council on Foundations - Arlington, VA

  • 10:15 am
    0.50 hr
    The IRS View of Alternative Investments
    Some of the most complex questions raised in recent years have been generated around so-called alternative investments. These investments often produce unrelated business income and may contain prohibited tax shelter problems and reporting issues under Section 4965. Additionally, if the investments are housed within offshore entities, there may be numerous foreign reporting and disclosure requirements. This session will help you spot these issues.

    David L. Nelson, Blazek & Vetterling - Houston, TX

  • 10:45 am
    Break

  • 11:00 am
    0.50 hr
    Program Effectiveness:  The Use of Outcomes Measurement to Guide Grant Making at the Michael & Susan Dell Foundation

    Chris L. Mitchell, Michael & Susan Dell Foundation - Austin, TX

  • 11:30 am
    1.25 hrs
    0.25 hr ethics
    The New Form 990: Key Issues for Nonprofit Organizations
    Find out how extensive new facts and figures on the revised Form 990 enhance transparency, but may be troubling for those gathering the information. This panel will consider when 990 preparers are subject to the section 6694 preparer penalty, and discuss the IRS Governance and Management initiatives reflected in the return.

    Jody Blazek, Blazek & Vetterling - Houston, TX
    David L. Fish, Internal Revenue Service - Arlington, VA
    David M. Rosenberg, Thompson & Knight LLP - Dallas, TX
    Moderator:
    Ronald S. Webster, Fizer, Beck, Webster, Bentley & Scroggins, P.C. - Houston, TX

  • Thursday Afternoon, Jan. 15, 2009
  • LUNCHEON PRESENTATION
    Sponsored by Thompson & Knight LLP

  • 12:45 pm
    Pick up Box Lunch

  • 1:00 pm
    0.75 hr
    Update on the Economy and Financial Markets: What It Means for the Nonprofit Sector

    Patrick M. Rooney, The Center on Philanthropy at Indiana University - Indianapolis, IN

  • 1:45 pm
    Break

  • Track A - Private Foundations
    Presiding Officer:
    Don Snider, The Flinn Foundation - Phoenix, AZ
  • 2:00 pm
    1.00 hr
    Integrating Private Foundations with Estate Planning, Including Family Limited Partnerships (FLPs)
    This session will address issues which arise during the founder's lifetime as well as during the administration of the founder's estate, including co-ownership of assets, income-producing capacity of assets, and ways to integrate closely-held businesses, such as family limited partnerships, into the charitable planning.

    Yolanda C. Knull, Vinson & Elkins LLP - Houston, TX
    Jeffrey N. Myers, Bourland, Wall & Wenzel, P.C. - Fort Worth, TX
    Marjorie S. Schultz, Marjorie S. Schultz & Associates - Houston, TX

  • 3:00 pm
    0.75 hr
    Implementing Mission-Related Investing
    Increasingly, foundations and endowments are adopting strategies beyond traditional grant awards to further their philanthropic missions.  This session will provide an overview of trends, investment opportunities, and issues to consider in implementing mission-related investing.

    Kyle J. Johnson, Cambridge Associates LLC - Boston, MA

  • 3:45 pm
    0.00 hr ethics
    Break

  • 4:00 pm
    0.75 hr
    Creative Ways to Satisfy Private Foundation Payout Rules
    This presentation will focus on how private foundations may satisfy their required annual payout in ways other than merely making grants to public charities.

    Tyree Collier, Thompson & Knight LLP - Dallas, TX

  • 4:45 pm
    0.75 hr
    Planning and Compliance Questions that Private Foundation Board Members, Trustees and Advisors Need to Ask
    Using memos and checklists, this presentation will explore issues and hard-to-answer questions that private foundations face in complying with tax rules.

    Jody Blazek, Blazek & Vetterling - Houston, TX

  • 5:30 pm
    0.00 hr ethics
    Adjourn to Reception
    Sponsored by the Frost Financial Management Group

  • Track B - Charitable Organizations
    Presiding Officer:
    Kenneth L. Gladish, Austin Community Foundation - Austin, TX
  • 2:00 pm
    1.00 hr
    A Practical Guide to Using the Internet for Fundraising, Communication and Community Building
    Many nonprofits launch web sites which quickly become “frozen” due to infrequent updates and low site traffic; such sites frequently provide no measurable increase in donations or support.  This session explores how nonprofits can enhance their web presence and communicate more authentically and effectively using email messaging, blogging, Flikr, Facebook, online auctions, and variations of instant messaging.  It offers practical advice and examples on budgets, success stories, common board attitudes to new marketing approaches, and possible pitfalls in building, using and maintaining both traditional web sites and new web communication tools.

    Greg McHale, good2gether, Inc. - Cambridge, MA

  • 3:00 pm
    0.75 hr
    What Every Charitable Organization Needs to Know About the Unrelated Business Income Tax (UBIT)
    The tough economic times keep getting tougher, which means that charities must be more creative with how they maintain, and even increase, their revenues. This session will discuss the basic rules governing commercial activities by nonprofits and explain how charities can develop new and innovative programs without having to pay the unrelated business income tax.

    Nicola Fuentes Toubia, Fuentes Toubia, PLLC - Houston, TX

  • 3:45 pm
    0.00 hr ethics
    Break

  • 4:00 pm
    0.50 hr
    Consolidations in the Nonprofit Sector
    As the economy slows and charitable contributions decline, many smaller nonprofits consider merging or consolidation as an option. This session covers key legal issues involved in the merging, acquisition, or consolidation of nonprofit organizations.

    Shane W. Hudson, Fizer, Beck, Webster, Bentley & Scroggins, P.C. - Houston, TX

  • 4:30 pm
    1.00 hr
    Current Issues Facing Religious Organizations
    Religious organizations are unique under the law. Churches and certain other religious organizations are granted special privileges that no other nonprofit organization enjoys. This session will assist attorneys in addressing the unique issues that face religious organizations. This session will also help attorneys determine which religious organizations are entitled to special privileges. Volunteer attorneys who work with their local church, temple or mosque will learn issue spotting that is unique in religious organizations.

    Malachi Johnson, New Light Christian Center - Houston, TX
    Frank Sommerville, Weycer, Kaplan, Pulaski & Zuber, P.C. - Arlington, TX

  • 5:30 pm
    0.00 hr ethics
    Adjourn to Reception
    Sponsored by the Frost Financial Management Group

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Jan. 16, 2009
    Presiding Officer:
    Ronald S. Webster, Fizer, Beck, Webster, Bentley & Scroggins, P.C. - Houston, TX
  • 8:00 am
    0.75 hr ethics
    Optional Ethics Breakfast

    Ethical Issues for Lawyers Serving Nonprofit Organizations

    This session will discuss the ethical obligations and potential conflicts of interest faced by lawyers serving as counsel for nonprofit organizations, lawyers serving as nonprofit board members, and those serving dual roles as counsel and board members for nonprofit organizations.

    Jan Soifer, Baron & Budd, P.C. - Austin, TX

  • 8:45 am
    Break

  • 9:00 am
    1.50 hrs
    Current Tax and Legislative Developments for Nonprofit Organizations
    A review of current developments, including legislation, regulations, IRS rulings, and court opinions, with emphasis on these aspects of the law: qualification for exemption, new public charity rules, IRS audit and compliance check activity, governance developments, unrelated business, joint ventures, private inurement and benefit, intermediate sanctions, legislative and political activity, supporting organizations, donor-advised funds, endowments, private foundations, and planned and other charitable giving.

    Bruce R. Hopkins, Polsinelli Shughart PC - Kansas City, MO

  • 10:30 am
    Break

  • 10:45 am
    0.75 hr
    Current Developments from the IRS Perspective
    This session will review updates on developments from the IRS national office perspective. The program includes a discussion of the IRS's implementing guidelines and new critical initiatives, an update on the Compensation Initiative, the Hospital Project Final Report, the College and University Questionnaire, changes in the advance ruling process, and the new voluntary compliance program. The program will also discuss the process for reviewing and studying recent IRS initiatives beginning with questionnaires to taxpayers which may lead to an examination of the organization.

    David L. Fish, Internal Revenue Service - Arlington, VA

  • 11:30 am
    0.75 hr
    Perfecting Donor Intent with a Pledge Agreement
    This session will discuss situations (a) where the purpose for which the donation was made is no longer a priority for the charitable organization, which now wants to use the funds for a new purpose; and (b) where the donation far exceeds the purpose of the gift and the charity wishes to divert the excess money to a different purpose.  Who has standing to act on behalf of the donor, who irrevocably gave away the funds, and (more importantly) how can a charitable gift be structured with a Pledge Agreement to provide flexibility to deal with the future's necessarily changed reality?

    Eric A. Manterfield, Krieg DeVault LLP - Noblesville, IN

  • Friday Afternoon, Jan. 16, 2009
    Presiding Officer:
    Susan K. Staricka, Office of the Attorney General - Austin, TX
  • 12:15 pm
    Lunch on your Own

  • 1:30 pm
    0.50 hr
    Charitable Planning Opportunities: Charitable Lead Trusts and Charitable Remainder Trusts
    This session explores charitable planning alternatives to address family estate and charitable planning objectives; one or more case studies will be used to demonstrate the integration of the charitable planning techniques of charitable remainder trust and charitable lead trust, with traditional estate planning tools.

    Michael V. Bourland, Bourland, Wall & Wenzel, P.C. - Fort Worth, TX

  • 2:00 pm
    0.75 hr
    Working the System: Why and How Nonprofits Should Develop Effective Advocacy Tools
    With a host of proposed legislative and regulatory changes governing how they must operate, nonprofits need to know how to advocate to their advantage.  This session will discuss (i) how nonprofits can identify key legislative and regulatory issues that will effect them; (ii) proposed federal and state legislation and regulations that have the greatest impact on nonprofits; and (iii) how nonprofits can lobby without jeopardizing their tax-exempt status.

    Richard Wayne Meyer, Austin, TX
    Nicola Fuentes Toubia, Fuentes Toubia, PLLC - Houston, TX

  • 2:45 pm
    0.75 hr
    Employment Law 101 for Nonprofits: Avoiding Labor Pain
    An entertaining and informative update of key employment issues for nonprofit organizations.

    Connie L. Cornell, Cornell Smith & Mierl, LLP - Austin, TX

  • 3:30 pm
    Adjourn

  • Day 1 January 14, 2009
  • Day 2 January 15, 2009
  • Day 3 January 16, 2009
Download Schedule

Conference Faculty

Jody Blazek

Blazek & Vetterling
Houston, TX

Michael V. Bourland

Bourland, Wall & Wenzel, P.C.
Fort Worth, TX

Johnny Rex Buckles

University of Houston Law Center
Houston, TX

Tyree Collier

Thompson & Knight LLP
Dallas, TX

Connie L. Cornell

Cornell Smith & Mierl, LLP
Austin, TX

David L. Fish

Internal Revenue Service
Arlington, VA

Janne G. Gallagher

Council on Foundations
Arlington, VA

Joyce Hellums

Ernst & Young LLP
Austin, TX

Bruce R. Hopkins

Polsinelli Shughart PC
Kansas City, MO

Shane W. Hudson

Fizer, Beck, Webster, Bentley & Scroggins, P.C.
Houston, TX

Kyle J. Johnson

Cambridge Associates LLC
Boston, MA

Malachi Johnson

New Light Christian Center
Houston, TX

Yolanda C. Knull

Vinson & Elkins LLP
Houston, TX

Eric A. Manterfield

Krieg DeVault LLP
Noblesville, IN

Greg McHale

good2gether, Inc.
Cambridge, MA

Richard Wayne Meyer

Austin, TX

Chris L. Mitchell

Michael & Susan Dell Foundation
Austin, TX

Darren B. Moore

Bourland, Wall & Wenzel, P.C.
Fort Worth, TX

Jeffrey N. Myers

Bourland, Wall & Wenzel, P.C.
Fort Worth, TX

David L. Nelson

Blazek & Vetterling
Houston, TX

Kathy Pitts

Ernst & Young LLP
Birmingham, AL

Patrick M. Rooney

The Center on Philanthropy at Indiana University
Indianapolis, IN

David M. Rosenberg

Thompson & Knight LLP
Dallas, TX

Marjorie S. Schultz

Marjorie S. Schultz & Associates
Houston, TX

Jan Soifer

Baron & Budd, P.C.
Austin, TX

Elaine Sommerville

Ratliff & Sommerville, PC
Arlington, TX

Frank Sommerville

Weycer, Kaplan, Pulaski & Zuber, P.C.
Arlington, TX

Nicola Fuentes Toubia

Fuentes Toubia, PLLC
Houston, TX

Ronald S. Webster

Fizer, Beck, Webster, Bentley & Scroggins, P.C.
Houston, TX

Planning Committee

Don Snider—Co-Chair

The Flinn Foundation
Phoenix, AZ

Ronald S. Webster—Co-Chair

Fizer, Beck, Webster, Bentley & Scroggins, P.C.
Houston, TX

Jody Blazek

Blazek & Vetterling
Houston, TX

Michael V. Bourland

Bourland, Wall & Wenzel, P.C.
Fort Worth, TX

Johnny Rex Buckles

University of Houston Law Center
Houston, TX

Laura Hansen Dean

The University Of Texas at Austin
Austin, TX

Lucille DiDomenico

Conference of Southwest Foundations, Inc.
Dallas, TX

Michael J. Esposito

The University of Texas School of Law
Austin, TX

Kenneth L. Gladish

Austin Community Foundation
Austin, TX

Joyce Hellums

Ernst & Young LLP
Austin, TX

Mitchell A. Long

The Long Foundations
Austin, TX

Richard Wayne Meyer

Austin, TX

Coleith Molstad

RGK Foundation
Austin, TX

Darren B. Moore

Bourland, Wall & Wenzel, P.C.
Fort Worth, TX

David L. Nelson

Blazek & Vetterling
Houston, TX

David M. Rosenberg

Thompson & Knight LLP
Dallas, TX

Frank Sommerville

Weycer, Kaplan, Pulaski & Zuber, P.C.
Arlington, TX

Nicola Fuentes Toubia

Fuentes Toubia, PLLC
Houston, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 16.25 hrs  |  1.75 hrs Ethics
Legal Specialization(s): Estate Planning and Probate Law, Tax Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 16.25 hrs  |  1.75 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Other Credit
Toggle view TX Accounting CPE – 19.00 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Austin – Jan 14*, 15-16, 2009 – Four Seasons Hotel
*optional Wed Afternoon session
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $460.00 Regular pricing: Jan 7, 2009

$510.00 for registrations received after this time

Last day for cancellation (full refund): Jan 9, 2009

$50 processing fee applied after this date

Last day for cancellation: Jan 12, 2009

Venue

speaker

Four Seasons Hotel

98 San Jacinto Boulevard
Austin, TX 78701-4082
512-478-4500 (reservations)
Map

Accommodations

$230.00 good through Dec 24, 2008

Parking Information

Valet: Day $10, Overnight $25; $7 Self-Parking available in parking garage across from hotel

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

  • Frost Financial Management Group logo
    Frost Financial Management Group
    Frost has a team of professionals who work together towards a common goal: to help you achieve financial security. Today the Frost Financial Management Group is responsible for more than $24 billion in assets of individuals, families, businesses and non-profit institutions. You can count on us for investment management, trust administration, estate and financial planning, real estate, oil and gas management, retirement plan management, tax planning and wealth management. Frost has built a legacy of involvement with the communities it serves, especially with the organizations that provide for the betterment of the community. In fact, we have a dedicated group of specialists in our Public Finance Division who understand the specialized financing, treasury, investment and insurance needs of Texas governmental and non-profit institutions including educational, religious and healthcare organizations. www.frostbank.com www.frostbank.com/Pages/splash.aspx
  • Thompson & Knight LLP

    Thompson & Knight LLP
    www.tklaw.com/
  • Bessemer Trust

    Bessemer Trust
    Our sole mission is to help manage wealth so it has a positive impact on the lives of generations to come. Unlike many firms today, we are privately owned—our owners' long-term commitment to private client wealth management leads to organizational and staff stability; aligned with your interests—we employ the same disciplines and strategies for our owners, clients, and employees; objective—as an independent firm, our professionals are free of distractions and focus only on doing what is in the best interest of each client; and service oriented—our 3:1 client relationship-to-employee ratio is among the best in the industry and enables us to provide highly customized services. www.bessemer.com www.bessemertrust.com/
  • Bourland Wall & Wenzel

    Bourland Wall & Wenzel
    www.bwwlaw.com/index.htm
  • Ernst & Young

    Ernst & Young
    www.ey.com/
  • Fizer Beck Webster Bentley & Scroggins

    Fizer Beck Webster Bentley & Scroggins
    www.fizerbeck.com/
  • Weycer, Kaplan, Pulaski & Zuber, P.C.

    Weycer, Kaplan, Pulaski & Zuber, P.C.
    www.wkpz.com/Default.aspx?AspxAutoDetectCookieSupport=1
  • Fuentes Toubia, PLLC

    Fuentes Toubia, PLLC
Download Sponsor Details Become a Sponsor
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