Although this sounds like a horrendous conceit, I marvel at this book. More
accurately, I marvel at the size of this book. The very title suggests a subject that
ought to be summarized in a pamphlet: The Tax Law of Charitable Giving. The
principal reason for my amazement: How can something as seemingly simple
and innocent as charitable giving generate so much law? It is, I suppose, a
hallmark of our society; matters of law are quite complicated in the United
States, and this includes the matter of the tax law consequences of transferring
money and property to charitable organizations.
There is another reason for my wonder, one that is personal. By the early
1990s, this book had been on my mind for a long time. It had been written, in fits
and starts, on many occasions over the years, with the manuscript pages ending
up accumulating in this storage box and that file. It took some gentle prodding
by the wonderful people at John Wiley & Sons—specifically, for the initiation of
this project, Jeffrey Brown (long since promoted to Wiley’s higher echelons) and
Marla Bobowick (now a consultant in the charitable sector)—to get me going on
completion of the book. The first edition appeared in 1993. Martha Cooley
skillfully continued in the fashion of her predecessors; the second edition
arrived in 1997. Susan McDermott provided the impetus for the third and
fourth editions (2005, 2010) of the book. Lia Ottaviano oversaw production of
this fifth edition.
It is not that I did not want to write this book; that is certainly not the case.
In fact, I long dreamed of—it seems rather immodest to say it—a trilogy. This
idea reflects what is now more than 45 years of law practice entirely in the realm
of nonprofit organizations. I see the law uniquely affecting these organizations
as falling into three general fields: the law of tax-exempt organizations, the law
of fundraising, and the law of charitable giving.
By the time the pressure was mounting to write a book on charitable giving,
the books on tax-exempt organizations law and fundraising law had been
published (by Wiley, of course). Certainly, the time had come to begin (or
rebegin) the writing of the third book. But I found my writing time diverted to
other subjects (such as other books, book supplements, and my monthly
newsletter); postponement of the charitable giving book had become the order
of my days.