From the Editor’s Desk - Avoidance Actions • NACTT Academy

From the Editor’s Desk – Avoidance Actions

By The Honorable William Houston Brown (Retired)

Trustee may avoid entire charitable contribution, if it exceeds 15% of gross annual income. Under the Religious Liberty and Charitable Donation Protection Act’s safe harbor of 15% of gross annual income (GAI), charitable contributions are protected from § 548 avoidance, but The Tenth Circuit found the language of § 548(a)(2) to be plain--“[w]ithout language limiting the word ‘transfer’ to that portion of the transfer exceeding 15%, the entire transfer is avoidable.” The statute was also not absurd; “The statute establishes a bright-line rule—donations not . . .

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