[522] in Commercialization & Privatization of the Internet

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Re: ANS Acceptable Use Policy

daemon@ATHENA.MIT.EDU (Richard Mandelbaum)
Fri Apr 5 03:47:58 1991

To: kwe@bu-it.bu.edu (Kent England)
Cc: stev@ftp.com, com-priv@psi.com
In-Reply-To: Your message of Thu, 04 Apr 91 11:00:41 -0500.
Date: Thu, 04 Apr 91 11:43:46 -0500
From: Richard Mandelbaum <rma@tsar.cc.rochester.edu>

A little known fact.
The IRS has revoked the not-for-profit status of about 4 corporations
in the last 2 years. At least that is what the New York Times said in
a recent article on the IRS and the auditing of not-for-ptofits.

____________________

	 > ... so, does this imply that ANSnet and the NFSnet are
	 > different things? i was under the impression from the ANS people tha
	t
	 > they are going to be allowing commercial <-> commercial traffic over
	 > the ANSnet. but they also imply that the ANSnet backbone is the same
	 > T3 network as the NSFnet backbone.
	 > 
	 	If ANS can successfully distinguish different flavors of
	 traffic they can build a single physical infrastructure that will
	 support multiple logical networks.  So, ANSnet and NSFnet can be
	 different networks.  But right now it seems clear that ANS
	 distinguishes at least three categories of traffic:

	 	appropriate to NSFnet
	 	appropriate to ANSnet
	 	"crass" commercial and inappropriate for NSFnet and ANSnet

	 	The big question is "If traffic type is a spectrum, how wide
	 are the bands?"    :-)

	 > i also was under the impression that there were tax implications in 
	a
	 > not-for-profit entity engaging in competition with commercial
	 > enterprises

	 	It is my understanding that the IRS rules on the tax exempt
	 status of corporations independently of their corporate classification
	 (for-profit, not-for-profit public charity, not-for-profit trade
	 association).  Not-for-profits are obliged to pay taxes on commercial
	 activity, no matter how little they conduct, but once they exceed a
	 certain fuzzy threshold commonly believed to be in the range of
	 10-30%, the IRS might revoke their tax exempt status.  So
	 not-for-profits have to be careful when they dabble in commercial
	 enterprise.

	 	One common technique for keeping the books straight is for the
	 not-for-profit to spin off a for-profit subsidiary.  That seems to
	 make the IRS happy.

	 	--Kent

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