Re: Research Process Patenting

On Mon, 2007-07-23 at 23:00 -0400, Mark R Dobyns Jones wrote:
> On 7/23/07, Andrew Sullivan <ajs(at)crankycanuck(dot)ca> wrote:
> > On Tue, Jul 24, 2007 at 01:46:29AM +0800, Tim Post wrote:
>
> > As I understand it, such direct lobbying would also violate our tax
> > status; which is the other reason not to raise this issue here.
> >

I feel that I must clarify some words that did not appear in my previous
and original post.

I did not suggest an action. I did not suggest lobbying. I did not
suggest SPI become involved. I am merely looking for information and
asking if others share my concern.

If I am not permitted to do that openly on a list of like minded people,
then I can only submit that the list is broken and of little use at
present.

Kindly,
--Tim

>
> Mr. Sullivan's reply is inaccurate on the lobbying and gag-rule topics.
>
> United States tax exempt organizations are permitted to lobby
> legislatures, within limits. This is how it is possible for United
> States universities, and other tax exempt organizations to lobby for
> particular laws. There is a prohibition against tax-exempt groups
> campaigning for a candidate for office. A lot different.
>
> In general, tax exempt organizations are permitted to talk about the
> topic of lobbying for, or potentially lobbying for something, or
> analyzing the process of lobbying, without worry, since talk costs
> nothing, without jepardizing its tax status. If the typical organization
> gets serious about lobbying efforts, generally it elects to use an
> expenditures-reporting test, so that it may know what the measure and
> threshold is, and plan for staying below the relevant threshold.
>
> For "non-electing" organizations the determination on lobbying is based
> upon a review of all activities, so that "no substantial portion" of
> the organization's activities may be lobbying.
>
> See the U.S. Internal Revenue web site for brief background:
>
> - Expenditures test election:
> http://www.irs.gov/charities/article/0,,id=163394,00.html
> - The election form: http://www.irs.gov/pub/irs-pdf/f5768.pdf
>
> - The "substantial part test, for non-electing organizations:
> http://www.irs.gov/charities/article/0,,id=163393,00.html
>
> ~Mark Jones
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