BayLISA -> BayISSA

Rick Moen rick at linuxmafia.com
Fri Jun 18 13:36:44 PDT 2004


Quoting richard childers / kg6hac (fscked at pacbell.net):

> As a BayLISA Board member, I must stress that as a California
> registered 501(3)c, BayLISA welcomes participation from anyone
> and everyone, as indeed it is required by law to do.

Obligatory disclaimer:  I am not an attorney.  Accordingly, I am not
posting professional legal advice.  

I am, however, familiar with the Internal Revenue Code (US Code title 26) 
through past professional experience in accounting and finance.  26 USC
501(c)(3), also known as US Code Title 26, Subtitle A, Chapter 1,
Subchapter F, Part 1, Sec. 501, paragraph (c)(3) can be read at
http://www4.law.cornell.edu/uscode/26/501.html :

   U.S. Code
   TITLE 26 - INTERNAL REVENUE CODE
   Subtitle A - Income Taxes
   CHAPTER 1 - NORMAL TAXES AND SURTAXES
   Subchapter F - Exempt Organizations
   PART I - GENERAL RULE
   Sec. 501. - Exemption from tax on corporations, certain trusts, etc.
   (c) List of exempt organizations
   (3) Corporations, and any community chest, fund, or foundation,
       organized and operated exclusively for religious, charitable,
       scientific, testing for public safety, literary, or educational
       purposes, or to foster national or international amateur sports
       competition (but only if no part of its activities involve the
       provision of athletic facilities or equipment), or for the
       prevention of cruelty to children or animals, no part of the net
       earnings of which inures to the benefit of any private
       shareholder or individual, no substantial part of the activities
       of which is carrying on propaganda, or otherwise attempting, to
       influence legislation (except as otherwise provided in subsection
       (h)), and which does not participate in, or intervene in
       (including the publishing or distributing of statements), any
       political campaign on behalf of (or in opposition to) any
       candidate for public office.

In my estimation, your assertion about 501(c)(3) organisations is
greatly mistaken -- speaking from my acquaintance with the Internal
Revenue Code and surrounding caselaw and statutes.

(By the way, the term California-registered in this context is
nonsensical:  501(c)(3) status is a strictly Federal matter.  What you
might have in mind is incorporation, which is state-level.)

Do you bluff this way often, then?  Does the need arise frequently?  ;->

-- 
Cheers,
Rick Moen                      "vi is my shepherd; I shall not font."
rick at linuxmafia.com                               -- Psalm 0.1 beta



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