Gentoo Archives: gentoo-nfp

From: "William L. Thomson Jr." <wlt@××××××××××××××××.com>
To: gentoo-nfp@l.g.o
Subject: Re: [gentoo-nfp] Tax return and accounting discrepancies
Date: Thu, 24 Mar 2011 18:49:58
Message-Id: 1300992580.13807.51.camel@wlt
In Reply to: Re: [gentoo-nfp] Tax return and accounting discrepancies by Rich Freeman
1 On Thu, 2011-03-24 at 14:35 -0400, Rich Freeman wrote:
2 > So, I'm not going to go point by point as this is getting out of hand.
3
4 This whole thread is way to much. There really should have only been a
5 single reply to my initial post. Providing links or access to the
6 information I am seeking. That nothing has come forth, and this thread
7 has grown quite substantial. Just makes me further doubt the current
8 wellness of things all around.
9
10 > First, I'm inclined to trust the current trustees until I see evidence
11 > that we shouldn't. Certainly if elected I would ask to see evidence
12 > that filings have been made, and I'm sure that in this capacity
13 > everybody would be cooperative.
14
15 Given the clear lack of knowledge and experience on these matters, thats
16 blind faith which I do not have. Since I do have knowledge of said
17 matters. If the filings had been done, proof would be very easy to
18 produce in variety of ways. Which I have mentioned more than once.
19
20 > Second, my points in general were that we need to focus on moving
21 > forward and not in correcting mistakes ages ago that might not be
22 > correctable.
23
24 Yes, and the first thing is financial accountability! Which for some
25 reason hasn't happened in years. Like the bylaws state annual financial
26 report to membership. Thats never happened, and there is no annual
27 financial reports published, just quarterly. Which the bylaws make no
28 provisions or requirements for quarterly reporting.
29
30 Much less if annual filings with New Mexico and the IRS have been done,
31 then duplicating that info in guidexml, or what ever would be a minor
32 task.
33
34 > I wasn't trying to suggest that we can afford to not follow the law.
35 > I'm just saying that we need to have our current ducks in a row before
36 > we try to fix the past. From the sound of things this may already be
37 > in order, and so we can look into the past at our leisure.
38
39 There is no proof things are in order. That a trustee said Gentoo does
40 not exist with the IRS is a major red flag! Any legal entity has to be
41 filed and exist with both. You can't exist with a state only and not the
42 federal government. Its impossible!
43
44 > My example of what can go wrong with community-driven projects wasn't
45 > intended to suggest that we shouldn't accept money, or that these
46 > problems are going to happen. My point was that we aren't Canonical,
47 > and that what works for Canonical might not work for Gentoo.
48
49 Well again there are many NPO's out there, and I was looking at quite
50 many. I did not want, and had no intention of getting Gentoo's structure
51 to mirror any other. I was simply looking to cherry pick, and the main
52 ones were FreeBSD, Debian, and Gnome. Which all are NPO's have great
53 structure, funding development, etc.
54
55 > I certainly support expanding the foundation, and its financial
56 > impact. I'm even fine with paying for more consistent professional
57 > help with the books if it makes sense.
58
59 Well most can be done in house, with using an outside professional for
60 review purposes. Which should reduce any costs even further.
61
62 > I'm not sure that funding a
63 > bunch of devs makes sense right now, though perhaps it could in the
64 > future.
65
66 Thats moot to me, and up to others to make a reality, if that ever
67 happens which I seriously doubt. But it would be wonderful if Gentoo did
68 get its act together enough and could fund development. The GSoC tends
69 to be a good thing for Gentoo. Gentoo doing the same for itself would
70 only be that much better.
71
72 > I'd rather see money spent on hardware, infrastructure, or
73 > perhaps on expenses if they're judicious and don't create a lot of
74 > resentment if some benefit more than others. A Gentoo conference is
75 > nice in theory - although people who aren't near clusters of devs
76 > might feel left out (how likely is a dev in Zimbabwe to get to attend
77 > a local conference ever?).
78
79 What if devs had free tickets to the event? Paid for by the Gentoo
80 Foundation. Or what if Gentoo provided developer hardware? ;)
81
82 Keep in mind any conference would be towards the user base, with regard
83 to attendance. Gentoo developers would be more staff at the event.
84
85 > Bottom line is that spending money can create problems in a community,
86 > and we need to think about that. This isn't a reason to never spend
87 > money - it is a reason to keep this in mind.
88
89 Well many other communities do not have such problems on the money
90 front. But I am more concerned with financial accountability and
91 required legal filings relating to such. That would have to come long
92 before Gentoo even considered paying people. Which that comes with other
93 things, like payrol tax, etc. Which even a NPO pays payrol tax, thats
94 different than income tax. Even if all devs were 1099 contractors, still
95 bunch more financial paperwork when paying people, vs buying or spending
96 money on stuff.
97
98 --
99 William L. Thomson Jr.
100 Obsidian-Studios, Inc.
101 http://www.obsidian-studios.com