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

[Jachym Cepicky]

About the "Open Source" removal:

We can be officially named just "OSGeo" - with the whole name listed
somewhere else in the regulations

J

Dne 14.8.2013 23:24, Jeff McKenna napsal(a):
> Today on the Open Source Foundations mailing list, someone pointed out
> that their 501c6 application was turned down because they 'provided
> services for members', but from advice they submitted a 501c4
> application and it was today accepted.  Could this apply to us?  Pasting
> email below.  In any case the cover letter idea seems excellent.
> 
> Other thought I had, honestly, while reviewing David Atkin's letter to
> the Board, was how shocking it was for me to read of us possibly
> "deleting the words Open Source" from our foundation name (whether a new
> entity or not, quite startling).
> 
> -jeff
> 
> *******
> Back in early April, I asked for suggestions for legal help, as the IRS
> was about to deny our application the 501(c)(6) status.  The problem was
> that OpenNTF submissions normally execute in an IBM
> Notes/Domino/Connections environment, so we were considered too
> IBM-centric.  However, as I mentioned at the time, the reason for the
> denial was "you offer services to your members". Which is bizarre - as,
> like any open source organization, what we do is provide an
> infrastructure for the development and posting of open source code.
> Members receive no specific benefit.
> 
> In any case, we got several good recommendations from this list on who
> to approach for legal help.  We ended up going with Marcus Owen - a
> former Director of the Exempt Organizations Division of the IRS.  Marc,
> with his assistant William Fournier, suggested that we go after
> 501(c)(4) status instead, through modifying our application and adding a
> letter describing our activities in the context of 501(c)(4)
> requirements.  What the letter said about OpenNTF could probably have
> been said about any open source organization.
> 
> Yesterday we got the word from the IRS that our 501(c)(4) application
> was accepted.  So - things worked out - and I very much appreciate the
> help that we got from members of this list.
> 

-- 
Jachym Cepicky
Help Service - Remote Sensing s.r.o.
jachym.cepicky at gmail.com
HS-RS: jachym at hsrs.cz http://bnhelp.cz
http://les-ejk.cz

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