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Illegal Use of Non-profit Funds?

It now appears that Mark Nickolas's attorney has faxed information to the writers at Pol Watchers claiming to prove that Nickolas paid his taxes. From the Pol Watcher's story:

... Clay provided the Herald-Leader with electronic copies of two cleared checks, one showing a payment of $1,048 for "2003 - tax return payment" and another of $5,309 for "2004 - tax return payment." Both checks were dated Dec. 16, 2006 and are labeled "The Foundation For Kentucky's Future, Inc., Mark Nickolas, Chairman."
Clay said Nickolas' 2005 tax return required no payment.

After viewing the canceled checks, Cleveland said he was "confused." ...

I can certainly understand Cleveland's confusion! The Foundation for Kentucky's Future, Inc. filed incorporation papers with the Kentucky Secretary of State's office stating that it is operating as a non-profit corporation. On Nickolas's Articles of Incorporation for the foundation (on file with the Secretary of State's office), the form clearly states, "forming non-profit in Kentucky Pursuant to KRS Chapters 273." Under KRS 273.161(3) the definition of a "Nonprofit Corporation" includes this statement: "No part of the income or profit of which is distributable to its members, directors, or officers."

It seems that it would be illegal for the chairman of any non-profit corporation registered in the state of Kentucky to use non-profit funds to pay his personal income taxes or any other personal obligation. The Kentucky Revenue Cabinet could not cash any check drawn on non-profit funds as payment for a personal tax debt. No wonder our Commonwealth's Attorney is confused!

Gee, it certainly seems possible that one more "count" (willfully and knowingly providing illegal funds to a government agency?) ought to be considered in the list of indictments, doesn't it?

Comments

Anonymous said…
What do you make of the Bluegrass.org indictment?
Anonymous said…
I think the indictment on Mark Nickolas is way over due.

He is corrupt as is illustrated in the fact that he has not paid taxes or even bothered to fill the things out in 3 years!!!

He has time to make up lies about politicians he should spend more time cleaning his own house.

He has NOW paid personal taxes with NON PROFIT money???? How corrupt can you get?

Wouldn't we all LOVE to pay our personal income taxes with tax-exempt money.

What a corrupt dude he is.
Anonymous said…
I would love to pay my personal taxes with tax-exempt money that I con my readers out of.

You wait til the Feds come investigating. They will find he has been advertising & raising money as a taxexempt organization and behaving as a PAC.

It will serve him right. If he is going to commit tax fraud then he deserves what ever prison time they give him.

You play - you pay.

Mr. Nickolas has been living in a glass house. The panes have more than cracks in them now.

Remember all the times Nickolas deleted posts asking tax questions. What more of a reminder that he was 3 years over due did he need????

He is a corrupt, lying, tax cheat.
Not very good qualities.
hamilton said…
I don't know how he thought he could criticize the most powerful people in the state in the most strident, vicious ways possible while at the same time being vulnerable to an attack as easy as this to uncover. There are some castigating the Fletcher administration as if they orchestrated this, but frankly, Nickolas has blasted so many people with the means to draw attention to something this elementary, the attention should be placed where it belongs--on him, and nowhere else.
Anonymous said…
This is TOO much - intelligent MUST see what I read in a comment on Nickolas apology for being corrupt says,
"only he who is w/o sin should be casting stones."

HOLY MOLY!!!! I SWEAR THAT'S THE SLANDER BLOG!

barf, barf.
Hey INDICTED Mark Nickolas - Listen to your readers, "only he who is w/o sin should be casting stones."
Anonymous said…
Mark Nickolas sure has opened up a HUGE pandora's box ... The IRS will be looking now. Will Mark Nickolas complain that George Bush is after him?
Anonymous said…
Dawn,

Mark Nickolas has a FELONY WARRANT OUT FOR HIS ARREST from felony charges in May 2006.
UT OH
Rena Bernard said…
Well Phil, what I make of the Nickolas indictment is this: no matter who you are in this state you are bound by the same laws as the proletariat. It's convenient for him that he is controversial -- he can blame his "enemies" for trying to silence him rather than owning the issue and accepting whatever punishment comes his way as a result. The truth of the matter is that the rest of us would have to own up to it and suffer the punishment. It's just a shame that he will likely get away with all this simply because of "appearances."

Moral of the story: break the law, you get in trouble; break the law while condemning political figures, possibly held to account.

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