Legal Question in Civil Litigation in California

Donation to a Church

Background: A certain member of a church donated $10k for the church building fund in 2000. he used his donation as a deduction for his taxes the following year. Now in 2007, since the church since has not purchased a building, he wants his money back. Can the church give back his donation? Can the church be liable if he sues? the church has undertaken a good faith effort to purchase a building, but has been unsuccessful since it still does not have enough funds. Hope you can answer my question...


Asked on 7/24/07, 12:11 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Donation to a Church

If there was any paperwork involved, first look to see if there is anything there to cover the problem. Then consider any oral agreements or statements as to what the parties expected. If nothing covers the situation, it would be a reasonable interpretation of the underlying donation that if the funds were not used within a reasonable period of time the funds should be returned. Waiting for 7 years is more than reasonable. if it had been a gift with the request that it be used in building then the church could keep the money. But here it appears to be the donor said if you build something within a reasonable period of time I will give you $10,000 for the building, and to show my good faith here is the $10,000 now, if the church can not fullfil its end of the transaction, it should return the money. The donor will have to report to the IRS that he got the money back. The church should change how it handles such matters, having the parties agree in writing to all the key elements.

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Answered on 7/24/07, 4:08 pm


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