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The International Journal
of Not-for-Profit Law

Volume 4, Issue 2-3, March 2002

A publication of the International Center for Not-for-Profit Law

Table of Contents

Letter from the Editor

Articles

Charity Law and Alienation in Northern Ireland: The Findings of a Research Project and the Resonance Between Events in New York and Belfast
By Kerry J. O'Halloran

Freedom of Association in a Nigerian Community - Old Usages, New Rules
By Emeka Iheme

Liability of Not-for-Profit Organizations and Insurance Coverage for Related Liability
By Jerold Oshinsky and Gheiza M. Dias

El Proceso de Reforma del Heptaedro Legal del Tercer Sector
By Antonio L. Itriago Machado y Miguel Angel Itriago Machado

Reviews

American Foundations: An Investigative History
By Mark Dowie
Reviewed by Robert O. Bothwell

Case Notes

Central and Eastern Europe:
Poland

North America:
Canada

European Court of Human Rights:
Stankov and the United Macedonian Organization Ilinden v. Bulgaria (European Court of Human Rights: October 2001)

Country Reports

Asia Pacific:
China
| Japan | Vietnam

Central and Eastern Europe:
Regional | Bosnia and Herzegovina | Croatia | Poland | Slovakia | Republic of Srpska

Latin America and the Caribbean:
Regional | Brazil | Nicaragua | Venezuela

Middle East and North Africa:
Egypt

Newly Independent States:
Armenia | Moldova | Tajikistan

North America:
Canada

South Asia:
India

Western Europe:
Regional
| Austria | France

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Editorial Board

Case Notes: Central & Eastern Europe

Poland

Decision in the Foundation for Polish Science Case

On Wednesday, March 13, 2002 Poland's Supreme Court reversed a ruling of the Supreme Administrative Court, which required that monies invested by foundations in securities be subject to corporate income tax.  The case before the Supreme Court stemmed from an attempt by Poland's Treasury Chamber to tax revenues that the Foundation for Polish Science invested as part of its endowment during the years 1995-1997.  The amount of assessed tax was in excess of $20 million. 

Last year, Poland's Supreme Administrative Court sided with the Treasury Chamber, ruling that "an expenditure" of funds to purchase securities could not be considered a furtherance of the Foundation's statutory purposes.  Inexplicably, the Supreme Administrative Court ruled that the only place where a foundation could invest its funds was a bank.  Any other type of investment, according to the Court, would constitute "an expenditure" inconsistent with a foundation's statutory purposes and thus taxable under Poland's corporate income tax law.  Wednesday's Resolution of the Supreme Court reverses this ruling.

According to Gazeta Wyborcza, Poland's most popular daily newspaper, the Supreme Court, deciding the case in its complete complement of seven justices, deliberated for approximately 90 minutes, before rendering the decision.  "In a short justification of the resolution, the leader of the panel, Walerian Sanetra, confirmed that the acquiring of securities by the Foundation falls within its statutory purposes."  A written justification of the resolution should be available within a few weeks and will be published in IJNL.

 

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ISSN: 1556-5157