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Date:      Wed, 18 Apr 2001 21:53:17 -0600
From:      Brett Glass <brett@lariat.org>
To:        "Thomas M. Sommers" <tms2@mail.ptd.net>, freebsd-chat@FreeBSD.ORG
Subject:   Re: Stallman now claims authorship of Linux
Message-ID:  <4.3.2.7.2.20010418215113.04440410@localhost>
In-Reply-To: <3ADDC97B.62B88DC2@mail.ptd.net>
References:  <4.3.2.7.2.20010418003011.045ef3b0@localhost> <4.3.2.7.2.20010418064119.04710720@localhost>

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At 11:06 AM 4/18/2001, Thomas M. Sommers wrote:

>It's not at all clear that selling free software is an "unrelated"
>business for the FSF (26 USC 513).

They're not selling the software; they're selling copies of it.

And, yes, it is unrelated business income. The "business" of a charity
is not to sell things but to help those in need. The FSF does not
target its efforts at the needy and makes more than half of its
income from the sale of goods. Hence, it is not a legal 501(c)(3).

>  Even if it were, the FSF would just
>have to pay the tax on the income; it would not lose its status (26 USC
>511).

Again, if it derives more than half of its income from unrelated business
activities rather than donations, it loses its status. See IRS Publication
577.

--Brett Glass


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