[Board] IRS response to OSGeo's 501c3 and discussion of our options

[Daniel Morissette]

Hi Board,

As I wrote a few days ago, we had a conference call a few weeks ago 
between myself, the IRS agent responsible for our 501c3 application, and 
our attorney David Atkin. In the call we discussed the IRS position and 
our possible options, and I asked David to summarize that in a 
letter/report to share with the rest of the board.

I just got this letter/report form David tonight and attached a copy. 
There are a few points that were discussed in the call that are not 
clear in the document, so I just emailed David to ask for clarifications 
that I will share, but I thought I would share this first version with 
you all right away.

We have until August 31 to respond to the IRS indicating which way we 
want to go, so we need to discuss this now and make a decision on those 
tough questions soon. I realize that timing is not ideal with the 
election but we need to act on this ASAP.

Even if that's not obvious by reading the letter, there is a possible 
path forward that the IRS would agree to and with minimal tax 
implications relative to the accumulated surplus that serves as a 
cushion/seed money for FOSS4G, but that would imply running two 
organizations in parallel as described in the letter.  More on that 
later once I get the response from David to my questions sent a few 
minutes ago.

Finally, David offered to participate in our next board meeting to 
answer any questions we may have. We may also want to hold a separate 
special meeting on this topic alone, perhaps over phone or skype as this 
is what David would be most used to.

Daniel




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