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To: gentoo-nfp@g.o
From: "William L. Thomson Jr." <wlt@...>
Subject: Re: Tax return and accounting discrepancies
Date: Wed, 23 Mar 2011 16:54:26 -0400
On Wed, 2011-03-23 at 15:37 -0500, Dale wrote:
>
> If they are not filed, does Gentoo cease to exist legally?

Not really, but sorta. If would have to re-establish and file with New
Mexico as a for profit. Seems the IRS just changes status from exempt,
to non-exempt.

> If so, wouldn't Gentoo lose all it intellectual property?  For example, is 
> someone started using the Gentoo emblem, would Gentoo exist legally to 
> even stop the person/company from using it?  After all, if you don't 
> exist, you can't *own* anything.

Not really, but that problem could arise. Gentoo wasn't in existence
legally back in 08. That was the first task the board back then
accomplished. With me doing the final mailing into New Mexico.

> My biggest fear is that Gentoo, and the folks that are in charge, are 
> going to let this slide long enough that Gentoo is no longer able to 
> survive.

It will likely survive, but they have let this slide. This situation is
100% a result of devrel, and a few other developers driving me away.
Rather than staying out of the way, and letting me get tasks done, that
clearly no one else has or will.

> It could be the IRS imposes penalties that Gentoo can't pay or 
> the penalty is that it just no longer can file them at all, even if for 
> financial reasons.

The pentalities are that it becomes a for profit entity. Has to pay
taxes for any years it did not file as for profit entity. Which means to
pay back taxes, penalties, and any interest. That would likely
immediately bankrupt Gentoo. Not that Gentoo needs money to exist.

> It could be that the state steps in and does something too.

That is another matter, and the state did revoke the charter before. I
do not recall any action thus far from the IRS. They tend to be rather
behind on such things clearly. States tend to be behind as well, but
dealing with smaller numbers, and tend to catch up before the IRS.

> I know if a individual or a profit company does this, they would be
> gone pretty quick.  The IRS would own Gentoo and there would be a
> auction soon after.

Something along those lines, but they can't really take your business
from you. Just make it impossible to remain in business, and drain all
financial resources.

> Be our luck M$ would buy it.  o_O

Pretty sure nothing like that would happen, but I do not know enough to
say for sure other way. This is new territory for me, and one I never
wanted to have any knowledge or awareness of.

> Since I live in the USA, April 15th is coming pretty quick.  Someone 
> better get on the stick. 

Either way its a bit to late now. At least 3yrs have passed already.
Things were not current or filed in 07, not sure about 06 or prior
years. Gentoo needs to hire and retain someone to work on this matter
ASAP before it gets any worse.

> I'm just glad someone in the know is making this public.

Your welcome, but I have been telling others in private for some time.
They failed to act, or take this seriously. I did not want to air
Gentoo's dirty laundry in public. But thats the only way things to make
anything happen clearly.

> I thought things were taken care of a few years back.

You can thank devrel the CoC, and some other developers for that. I can
name names, and its a very short list. But the impact of their damage is
rather tremendous. Clear case of the pot calling the kettle black.

Suspended me because I was supposedly being destructive. However they
did considerably more damage in driving me away. Since I would have made
sure all this was done. Which no one else has filled that void since.

However I knew at the time I did not have the support or cooperation
from other board members. I knew the treasurer should never have been
such ever. But there was no way to make others realize that fact. Much
less I got no support from the community as a whole, mostly the
developer community. The situation just escalated, from me stepping down
from the board, to me resigning as a developer. To years later stuff
still not being done.

Its very sad all around, and anyone who was involved before can pat
themselves on the back for a job well done. Helping to really put
Gentoo's NPO status in jeopardy, if not losing it for a period of time,
and incurring substantial legal costs to get things in order.

Yet it was my behavior on this very list long ago that got devrel
involved and set Gentoo on the course its on to this day. Had devrel
never suspended me, or other board members supported me and we replaced
the treasurer in 08. Things would be very different then and now.

Lessons learned the hard way, but it really did not have to be such!

-- 
William L. Thomson Jr.
Obsidian-Studios, Inc.
http://www.obsidian-studios.com



References:
Tax return and accounting discrepancies
-- William L. Thomson Jr.
Re: Tax return and accounting discrepancies
-- Rich Freeman
Re: Tax return and accounting discrepancies
-- William L. Thomson Jr.
Re: Tax return and accounting discrepancies
-- William L. Thomson Jr.
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Updated Mar 25, 2011

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