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Date:      Wed, 18 Apr 2001 13:06:03 -0400
From:      "Thomas M. Sommers" <tms2@mail.ptd.net>
To:        freebsd-chat@FreeBSD.ORG
Subject:   Re: Stallman now claims authorship of Linux
Message-ID:  <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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Brett Glass wrote:
> 
> At 02:16 AM 4/18/2001, Trevor Johnson wrote:
> 
> >I guess the FSF will have to run off donations when that happens.
> 
> It should be running off of donations NOW. It's a 501(c)(3) non-profit
> corporation, which means that profits from sales are considered
> to be "unrelated business income."  A 501(c)(3) must get at least half
> of its income from donations -- a requirement which the FSF itself
> claims that it has not met. (Its Web site says that more than half
> of its income comes from sales.) The IRS should yank its tax-exempt
> status.

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

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