In his public comment to DPP, former LYCA Trustee Lance Luke questions whether Lin Yee Chung Association's Internal Revenue Service 501(c)(13) charitable organization standing allows LYCA to engage in operations outside of cemetery operations (such as development of Manoa Banyan Court):
----- Forwarded Message ----- From: Lance Luke <[email protected]> To: "[email protected]" <[email protected]> Cc: Charles Wong <[email protected]>; "[email protected]" <[email protected]> Sent: Sunday, January 22, 2023, 05:04:26 PM HST Subject: DEA Manoa Banyan Court Response Gentlemen, Please refer to DEA Page 25 attached . Under the table there is a statement that reads "This Lin Yee Chung Association through its wholly owned subsidiary, Manoa Banyan Court Development Corporation 501(c)(3)....." When I last checked with IRS records, the named Corporation does not have the tax exempt status of 501(c)(3). Unless LYCA can prove that it does in fact have IRS approval, the DEA applicant should not be using the IRS charitable organization type. Furthermore, the current IRS status of LYCA is a 501(c)(13) charitable organization, which is designated for (and only for) cemetery operations. Notwithstanding, it is my opinion that LYCA does not have the proper standing to engage in operations outside of cemetery operations. Therefore, LYCA should not have submitted its request to DPP for any type of real estate development or construction project that is not cemetery related (such as the proposed Manoa Banyan Court Development). Additionally, DPP should request copies of the LYCA board meeting minutes and the corporate resolution that is evidence that the LYCA board approved the establishment of the Manoa Banyan Court Development Corporation. Lastly, DPP should request from LYCA, the IRS document(s) that proves official 501(c)(3) charitable organization tax exempt status. Please confirm receipt of this email. I look forward to your response. Thank you. -- Lance Luke, Principal Consultant Construction Management Inspection LLC www.hawaiibuildingexpert.com (808) 422-2132
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