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John Sare

Partner
P: 212-336-2760
F: 212-336-7959

Overview

John Sare is a partner in the tax-exempt organizations practice and the trusts and estates group of Patterson Belknap Webb & Tyler LLP. Mr. Sare has extensive experience in the representation of museums, colleges, private foundations and other types of exempt organizations. This work includes advising charities on the issues and options they face with respect to their endowment funds and other types of restricted gifts.  Mr. Sare has significant experience representing tax-exempt organizations in connection with inquiries and investigations conducted by the New York State Attorney General’s Office. 

Mr. Sare also advises individuals and fiduciaries on legal issues involving works of art, charitable giving, estate planning, and the administration of estates and trusts.  He taught the Seminar in Law and the Visual Arts at the Columbia University School of Law from 2001 until 2011 and is a co-author of Estate Planning for Artists and Authors, published by Tax Management, Inc. (2004) and Splendid Legacy: The Guide to Creating Your Family Foundation, published by the National Center for Family Philanthropy (2002). He has also written and spoken about the New York Non-Profit Revitalization Act of 2013 and the Uniform Prudent Management of Institutional Funds Act and the New York version of it.

In addition to the articles listed below, Mr. Sare is a co-author of several recent publications, including “Underwater Endowments:  Understanding Your Options” (2009), “Impact of the New Form 990 on Conflicts and Disclosure Policies” (2008), and “New IRS Form 990 Changes the Landscape for Public Disclosure by Exempt Organizations” (2008). 

Mr. Sare lectures and writes frequently on tax-exempt organization, charitable giving, and art law topics.  His speaking engagements have included:

  • New York Community Trust (2014: The Architecture of Philanthropy)

  • University of Texas Nonprofit Organizations Institute (2014: UPMIFA: Endowment Management in the Modern Age); Higher Education Tax Institute (2013: Charitable Gifts: Carving a Name in Stone)

  • New York City Bar Association (2013: The Current Re-Examination of Charitable Giving: Reforming the Individual Charitable Deduction; 2012: Successful Art Succession: Advanced Estate Planning Considerations; 2003: Non-Profit Contracts: On a Budget, On a Mission & On a Tightrope; 2001: Issues Affecting Private Foundations: Insider Transactions, Family Businesses, Risky Investments, Discord and Dissent)

  • Heckerling Institute on Estate Planning (University of Miami) (2012: Planning and Administering the Artist’s Estate and the Artist’s Foundation)

  • ALI-ABA Conference on Legal Issues in Museum Administration (2012: Gift Restriction Case Law Overview; 2011: Gift Horses, White Elephants, and the Donors Who Send Them: Managing Problem Gifts and/or Problem Donors; Art as Collateral: Donor Defaults and Creditor Claims; 2006: Duty of Loyalty Issues for Museum Trustees and Officers; 2004: The Law of Cy Pres and Equitable Deviation)

  • New York County Lawyers’ Association (2010: The New York Prudent Management of Institutional Funds Act: What Non-Profits Need to Know)

  • Association of Art Museum Directors (2009: Partnerships between Museums and Donors; 2004: Cy Pres and the Barnes Foundation Case)
     
  • Foundation for Accounting Education (2010: New York Prudent Management of Institutional Funds Act: Where Are We in New York State?; 2009: Endowments and Spending Policies; 2008: Governance: A Focus on the New 990; 2005: Public Charity Status)
     
  • Philanthropy New York (formerly the New York Regional Association of Grantmakers) (2008, 2007: Overview of Grantmaking and the Law)

  • American Institute of Certified Public Accountants, National Not-for-Profit Industry Council (2005: Public Charities: An Overview)

  • Practising Law Institute (2004: A Primer on the Law of Cy Pres and Equitable Deviation; 2003: Not “SO” Fast: The Supporting Organization as a Vehicle for Charitable Giving)

  • New York University Conference on Tax Planning for Section 501(c)(3) Organizations (1998: More Disqualified Persons Among Us: Living with Intermediate Sanctions)