35-13-102 - Purpose Chapter definitions.
35-13-102. Purpose Chapter definitions.
(a) This chapter declares that the public policy of Tennessee, as declared in its cases and statutes, favors gifts to charity that improve the general welfare through acts of philanthropy.
(b) As used in this chapter, unless the context otherwise requires:
(1) Attorney general and reporter means the attorney general and reporter of Tennessee or the attorney general and reporter's designee;
(2) Charitable beneficiary means the United States, any state that is part of the United States, or any political subdivision of a state, the District of Columbia, any corporation, trust, fraternal society or other organization described in §§ 170(b)(1)(A), 170(c), 2055(a) and 2522(a) of the Internal Revenue Code that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, or any church, synagogue, other religious organization, or any other organization, entity or association to which a gift would be deductible under §§ 170(b)(1)(A), 170(c), 2055(a) and 2522(a) of the Internal Revenue Code;
(3) Charitable gift means any gift clearly intended for charitable purposes;
(4) Charitable purpose means any purpose generally considered charitable at common law, or for any charitable purpose under any section of Tennessee Code Annotated, or for any purpose described in §§ 170(b)(1)(A), 170(c), 2055(a) and 2522(a) of the Internal Revenue Code. A reference to the applicable section or sections of Tennessee Code Annotated or the Internal Revenue Code sufficiently describes the charitable purposes of the gift;
(5) Court means the chancery court or other court exercising equity jurisdiction or a probate court of record;
(6) Discretionary charitable gift means a charitable gift that has indefinite beneficiaries, objects, purposes or subjects;
(7) Donor means the person making the lifetime or testamentary charitable gift;
(8) Gift instrument means a will, deed, grant, conveyance, trust agreement, memorandum, writing or other governing document that creates the charitable gift;
(9) Internal Revenue Code means the Internal Revenue Code of 1986; and
(10) Tax-exempt means that the organization, trust or beneficiary referred to is one that is described in § 501(c)(3) of the Internal Revenue Code.
(c) The words humane, beneficial, beneficent, worthy, philanthropic, humanitarian or their derivatives or similar language in the gift instrument shall be presumed to be synonyms for charitable as used in this chapter, unless expressly indicated not to be charitable by the context in which they are used.
[Acts 1997, ch. 300, § 1.]