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by function_seven
631 days ago
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I love how he explains that “consideration” was conjured from thin air. I own a car. I want to drive my own car on weekdays. To accomplish this, I give my car to Jimmy, and he promises to let me use it on weekdays? Using the same analogy as in that post, apparently this is a valid contract with “consideration” because I gave Jimmy my car and, “in return,” he gave me my car back Monday–Friday. I’m no lawyer, but I can’t imagine that it is illegal to donate a noncommercial license to a nonprofit organization, without contracts and considerations coming into play. But if I’m wrong, and “consideration” is a required element of a transaction like this, I don’t think this wash-sale version of it would pass muster anyway. |
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I assume someone wanted to restructure things so that a fully owned trademark was owned by a non-profit instead, with them retaining commercial rights.
Why would either side want to minimize the donation size? It reduces taxes for the commercial company and the non-profit doesn't care about income tax.
I don't know if the site is accurate but it's odd to bring up considerations for sure. I don't see anything immoral or unethical about want to restructure so that a non-profit handles the non-profit stuff.