Re: [AGA-mcm] contest chai job description -elections

It's not the bylaws that determine what filings need to be done, but if you are comfortable with the situation re Mass and the IRS, it's not a point I'll contend; few things are as insufferable as reading the US Tax Code.

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----- Original Message ----
From: Mike Hellweg <mhellweg511@charter.net>
To: AGA Advisory Committee <aga-mcm@thekrib.com>
Sent: Tuesday, January 9, 2007 10:40:24 AM
Subject: Re: [AGA-mcm] contest chai job description -elections

It's a practical opinion based on experience. I'm not a lawyer or a tax accountant, and I've already burned up the free help from our club's tax attorney in getting the filing ready for the ALA's latest 501 venture, our Vern Parish Fund.

We have the mechanism in Article 9 in the AGA bylaws to change those bylaws without having to tie up the IRS with requests for refilings each time they need to change them to meet the needs of their organization. They're only interested in our tax liability, not the way we elect or appoint our directors.

As I said before, I'm on the boards of a couple of other 501's and all have a similar mechanism for changing the bylaws. We have never had a problem with following that and changing those bylaws.

Mike

----- Original Message -----

From: S. Hieber

To: AGA Advisory Committee

Sent: Tuesday, January 09, 2007 6:30 AM

Subject: Re: [AGA-mcm] contest chai job description -elections

Is that a legal opinion?

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----- Original Message ----
From: Mike Hellweg <mhellweg511@charter.net>
To: AGA Advisory Committee <aga-mcm@thekrib.com>
Sent: Monday, January 8, 2007 7:44:47 PM
Subject: Re: [AGA-mcm] contest chai job description -elections

>When you make a fundamental change to the organization, the state has to reconsider whether, subject to that change, the organization still meets the criteria. I am not a tax attonery, but that is how I understand it.<

True, but again, I'm not in any way suggesting a fundamental change that would affect our federal tax status! Only an ammendment to the bylaws changing one of the ways we operate internally. Article 9, section 1 gives us the method to legally do that without affecting our IRS status.

Mike

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