Re: IRS-Articles of Incorporation Change

[vanhove@unavco.ucar.edu (Teresa Van Hove)]

Randy,

I believe that the arguements against this proposition hinge on the
point that we (the membership) are being asked to appove a change 
based just on the board's recommendataion.  Perhaps AERC could tap
the technical expertise of folks who have volunteered it and put
the articles of incorporation on the AERC web site along with the
proposed changes and a form for comments (pro and con) about the issue?

Teresa Van Hove
# M17417

> 
> K.S. Swigart and Teddy have presented some interesting arguments against
> the IRS requirement that AERC add two paragraphs to our Article SECOND of
> the Articles of Incorporation.  However,  it seems to be argument for the
> sake of argument with no valid reasoning.  I still don't understand why
> they are so adamantly against AERC RETAINING its 501 (c)(3) Federal Tax
> Exempt Status, nor can I think of any beneficial reason that AERC would
> want to lose its Tax Exempt Status.
> 
> With that said, my final post on this subject is this:  AERC HAS BEEN A
> 501(C)(3) FEDERAL TAX EXEMPT ORGANIZATION SINCE OCTOBER 1989.  To quote
> from an IRS letter dated August 21, 1998:  "The exempt status for the
> determination letter issued in OCTOBER 1989 continues to be in effect."
> However,
> during the recent examination of AERC by the IRS, it was determined that
> our Articles no longer met the organizational test of section 501 (c)(3)
> and "must therefore be amended."  to continue to meet the requirements of
> 501(c)(3). 
> 
> So, to sum up my final statement on this subject, to retain our 501
> (c)(3) Federal Tax Exempt status, we must add two paragraphs to our
> Article SECOND.  This is an amendment to the Article and our Legal
> Committee determined it needed approval from the membership.  The
> membership of AERC is being asked to approve the IRS required additions. 
> I can find no valid reason to vote against the addition as the upside far
> outweighs any possible downside.  
> 
> 		VOTE YES ON AERC PROPOSAL 1.
> 
> Randy Eiland  
>