C'bus pro football team

Submitted by mgoblue78 on July 24th, 2022 at 7:56 PM

https://www.dispatch.com/story/sports/2022/07/24/letters-ohio-state-now-pro-football-team-and-schools-nil-feels-odd/10095900002/

Interesting LTTEs in in the C'bus Dispatch concerning the $550K NIL deals for four Buckeye players. One writer raises an intriguing question: Is it a more efficient use of one's money to pay $550K to have 4 players show up at charity events, or to donate the money directly to the charities? I'm not a tax attorney (though I play one on TV), but I'm guessing that either way there is actually a rationale that either way, the Foundation's funders would be able to claim their "donations" as charitable contributions so long as it's clearly spelled out that the NIL payment is for appearing at charity fundraisers.

MEZman

July 24th, 2022 at 8:06 PM ^

Why would making payments to players be considered charitable donations? Players aren't charitable organizations... I'm confused.

mgoblue78

July 24th, 2022 at 8:23 PM ^

If I'm providing or paying for the goods and services for a charity event, that can be deducted as a charitable contributions. So, if there's a dinner or drinks, and I pay for the catering, that's deductible. If I donate gift bags for the attendees, that's deductible. If there's entertainment, and I pay for it, that's deductible too. I'm willing to venture that paying players to show up as celebs for a fundraiser falls under that category.

The attendees are only allowed to deduct their admission or purchases (like at a charity auction) to the extent that it exceeds the FMV of what they received in return.

 

Mr Miggle

July 24th, 2022 at 8:55 PM ^

Sure, but what if you buy the goodie bags from your mistress at 10x their value? Then you are just using a charity to funnel money to her. 

I would think there has to be some relation between the size of the contribution and its value to the charity if you want to deduct the full amount. For example, paying $500K to celebrities to attend a fundraiser that only brings in $50K is going to raise some red flags. Done right, it sounds like a good idea. But it's easy to look at this as a way to pay players first and figure out how to help charities second.

mgoblue78

July 24th, 2022 at 9:16 PM ^

Great observation and a huge flaw in the tax code and regs as I (mis) understand them.

If I donate goods or services to a charity, I can only deduct my basis on the goods or services. So, if Picasso donated a painting for a charity auction, he can deduct the cost of his canvas, brush and paints, plus some allocation of overheads for his studio. So what, $5 for the canvas, $5 for the paints, $5 for the brush, and $10 for overheads. Picasso can claim a $25 charitable contribution if he donates it. But if I buy the Picasso for $100 million and donate it, I get a $100 million deduction, because my basis is $100 million.  If Mr. Pennybags buys my Picasso at the charity auction at the bargain price of $75 million, he should not be able to deduct anything. But, I guarantee he will try to.

1974

July 24th, 2022 at 8:37 PM ^

OP: Interesting news, thanks, but why not just link to the article of most interest (rather than letters to the editor)? Here it is:

https://www.dispatch.com/story/sports/college/football/2022/07/17/four-ohio-state-football-players-hit-big-550-k-nil-deal/10072356002/

As for the title, I would've gone with something more straightforward like "OSU NIL deal: 4 players to divide $550K," but that's just me.

mgoblue78

July 24th, 2022 at 8:45 PM ^

Honestly, I thought the local C'bus LTTE reaction was more intriguing than the totally unsurprising announcement of six figure payoffs to Buckeye players - something that's likely been going since Hector was a pup, but is now out in the open as legit. But, the caption suggestion is well taken.

Wolverine 73

July 24th, 2022 at 8:55 PM ^

I’m not a tax lawyer (although I took L. Hart Wright’s courses many, many years ago), but couldn’t there be a challenge to the claim this was a donation if the payment was out of all proportion to the value?  E.g., 4 players are paid $550K to go to a fund raiser that nets the charity $250K, compared to the same fund raiser that netted $225K a year earlier with no players.  If it walks like a duck etc., and if it walks like a charade to pay players while claiming it is a charitable donation, seems the IRS could mount a decent challenge.  

mgoblue78

July 24th, 2022 at 9:33 PM ^

I do not have enough fingers and toes to count the number of charity auctions where restaurants provide catering, artists and business donate works for auction, and the attendees pay a quarter of the FMV of what they received. The real donors are the folks who provided the wherewithal for the event, and are entitled to deduct nada. The attendees receive goods vastly in excess of the value of their "donation", which they should not be able to deduct. But I guarantee they deduct it anyway, and it's never questioned.

UMForLife

July 24th, 2022 at 10:19 PM ^

If I a running a non-profit, I am staying the fuck out of this NIL that involved payments like this. Even if you somehow get thru IRS (which is not that easy), all it takes is someone writing something about your organization. It can discourage other contributors. Unless this non-profit for just funneling money to players and getting a tax break, I will get my popcorn ready in a few years.

LSAClassOf2000

July 24th, 2022 at 10:42 PM ^

"Still, I wish I could grasp how Brian Schottenstein and his foundation are doing more good for charities by paying players to show up at events rather than give the charities a half million in donations directly as he claimed in Monday’s article."

You want one of the pioneering families in the art of retail liquidation to be straight about money?

HighBeta

July 25th, 2022 at 1:27 AM ^

Rule: the recipient entity needs to be organized and function as a 501(c)(3) organization to qualify as a charity. Neither an individual or an organization can claim a NIL payment *to an athlete* as a charitable donation as the athlete recipient is not a 501(c)(3) organization.

Regarding "efficiency" of a donation. A donor should write the check directly to the charity as it saves the $550K that is being paid for the appearance.

Agreed: Schottenstein is playing a sad game diverting the half mill ...

beangoblue

July 25th, 2022 at 11:43 AM ^

Proud Michigan Man moment but only slightly related to the OP:

My dad is from Argentina so more of a futbol fan than football. He never really got into watching Michigan games with my mom (former UM employee), my sister (UM grad) and myself (born in AA) but he tries to keep up with us and our passion for all things UM and UM sports. 

His wife is currently working in Columbus for a couple months in the oncology depot at OSU Hospital. I assume the pay is good as I can see no other reason to take that job, but I digress. They're there. They know a bit about the rivalry.

Yesterday, he called me laughing and said "I'm driving by the big toilet!!"

He was on OSU campus driving by the football stadium lol

This is probably only funny to me but I thought I'd share anyway!