Charitable Giving Answer Book (2011)

Catherine W. Wilkinson is a certified public accountant, practicing in the tax group of the Washington, D.C.-based law firm of Steptoe & Johnson LLP. Ms. Wilkinson received her MBA in accounting and taxation from Indiana University.

Ms. Wilkinson provides tax planning and advice to tax-exempt organizations with respect to qualification and state regulatory issues, unrelated business income and participation in partnerships and business ventures, executive compensation, lobbying and political activities. She also advises charitable organizations in the development and operation of fundraising programs; establishing and maintaining planned giving programs, including charitable gift annuities, pooled income funds and use of split-interest trusts, private foundations and other deferred giving arrangements; and record keeping and reporting in the context of contributions, capital campaigns, direct mail solicitations, planned giving and special events.

She is a contributing author of the chapter on Section 501(c)(3) Organizations in the 403(b) Answer Book, 6th Edition, published by Aspen Publishers. Ms. Wilkinson advises tax-exempt organizations, with respect to executive compensation and benefits. This advice includes use of incentive and performance-based compensation arrangements and deferred compensation; stock options, other forms of equity compensation and phantom stock plans; and compensation paid in connection with a change in control. In addition, Ms. Wilkinson represents tax-exempt organizations and their employees in complex federal and state tax audits and investigations.

Jean M. Baxley is a tax attorney in the Washington, D.C. office of Steptoe & Johnson LLP. She received her LL.M. in Taxation from Georgetown University Law Center in 1997.

Ms. Baxley counsels corporate clients with respect to federal tax planning and tax controversy matters, with a particular focus on federal income tax audit and controversy work. She assists clients throughout the audit process, helping clients respond to IRS information and document requests; defends against IRS challenges, including challenges to tax-advantaged transactions; rebuts the IRS's assertion of penalties; and pursues tax refund litigation. Ms. Baxley also renders tax planning advice, provides tax opinions, and prepares letter ruling requests.

Ms. Baxley's primary areas of experience include insurance company and insurance product taxation, the taxation of financial institutions and products, tax-advantaged transactions and economic substance issues, accuracy-related penalties and defenses to penalties, certain disclosure and reporting requirements (e.g., the disclosure rules of section 6011 and the list of maintenance rules of section 6112), and privilege and work product issues.

Gordon M. Clay currently serves as Legislation Counsel with the Joint Committee on Taxation of the U.S. Congress, where he works on policy matters concerning tax-exempt organizations, charitable giving, and estate and gift taxation.

At the time of writing, Mr. Clay was Of Counsel in the Washington, D.C. office of Steptoe & Johnson LLP, where he practiced in the areas of tax-exempt organizations, charitable giving, and complex civil litigation. While at Steptoe & Johnson, Mr. Clay provided tax planning and corporate advice to public charities, private foundations, trade associations, social welfare organizations, and other nonprofit entities. Mr. Clay represented such clients regarding, among other matters, qualification and maintenance of tax-exempt status, the structure and deductibility of charitable contributions, corporate matters and controversies.

Mr. Clay is a member of the Exempt Organizations Committee of the American Bar Association's Section of Taxation. He has written on a number of issues regarding tax-exempt organizations. Nothing contained in this book should be construed as representing the views of the Joint Committee on Taxation or its staff.