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Tuesday, February 26, 2008

501c3 STATUS-- 01-- Merkle invokes potential 501c3 problem

The issue of Alcor Democracy first raised by Dave Pizer in January 2008 and which led to CPlatt's uncovering of the original Alcor bylaw calling for a Director Electorate has become, in my mind, such a hot potato, that we now face an existential question here. I just noticed that Ralph Merkle, a board member currently I believe, raised the issue of the 501c3 implications if the way the board was elected were changed.

QUOTE
MERKLE SAID: Significant modifications to the Alcor Bylaws might have an impact on Alcor's 501(c)(3) tax exempt status, as well as have other legal and operational ramifications. As a consequence, prior to making any significant change(s) in the Bylaws, it is necessary to discuss the nature and extent of changes with someone qualified specifically in non profit tax law so that we might anticipate any potentially adverse ruling by the IRS. Historically, changes to the Bylaws have been infrequent because of the care and expense required. This is not to say that they are either impossible or undesirable — but they need to be carefully and calmly evaluated. (delete)
UNQUOTE
Source [+]

My comment-- What Merkle thinks is true in the case where you change the bylaw could also be true in the LATEST NEW INFORMATION revealed by CPlatt that the ORIGINAL bylaw was ALREADY over-ridden-- and that the way to preserve 501c3 is to RETURN to the original bylaw. The 501c3 status is crucial to the existence of Alcor apparently-- I've never fully understood it-- but it's apparnetly true. This would explain the silence on this matter. We're dealing with something fundametnal to Alcor's very existence.

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