- Joined
- Dec 14, 2013
- Messages
- 2,536
Uh...no.
Deloitte evaluates valid business purpose and FMV every day for thousands of clients. The IRS does it too.
Not to mention, you are conflating things that should not be conflated.
"Valid business purpose for the school". For the millionth time, you are referring to REV SHARE. Of which, none of those deals have been rejected.
Valid business purpose for a COLLECTIVE? Ah, now we are talking. And THOSE are the deals that are being rejected for having no valid business purpose. FOR THE COLLECTIVE. Which is a separate entity from the university.
Again, there is a difference, which you are missing here.
I'm NOT addressing the actions by state legislatures. Those may or may not have a bearing on what happens in the future.
“Valid business purpose” and “fair market value” are common phrases with standard, legal definitions that are used every day in the business world. They are frequently used in business contracts for that reason, and have the backing of court precedent. This whole thing is going to be a litigation nightmare, but those two terms are not the reason why.
The fact that they are now saying they want collectives to become marketing agencies for brands, and are rejecting the merchandising aspect is ridiculous. So now they want the boosters to be agents for the Tuscaloosa Dodge dealership, instead of just having a fan event with the QB signing fan gear or posting social media videos? Which sounds nefarious and which sounds wholesome? Which actually works in conjunction to benefit the student-athletes at the nonprofit academic university?
If there are any law students reading this, go into sports law now…