Brad wrote:Retaining ownership is easy. All Mr. Mazzolini has to do is "loan" the airplane to his museum. This is really common.
Loaning an A/C to a museum for display is one thing, restoring it to airworthy condition using privately donated (tax deductible) funds under the umbrella of a 501c(3) is another, wouldn't you agree? I'm not trying to "stir the $@&#" here, nor am I denigrating Mazzolini and the people working on Doc, I'm just trying to figure out if whats going on here is
really legal. I was faced with a similar, albeit less "grand" dilemma myself. In the end, I decided against forming my own 501c(3) for the time being, as I came to the conclusion that it would be morally, if not legally wrong of me to use donated funds and parts to further along my own projects, of which I would still retain ownership of.
What really concerned me was if one day I decided to sell, or trade one of these projects for something else, how could I legally do it when a certain percentage of said projects technically belong to my non-profit group, and not to me? That is where things get a little fuzzy. Let me give an example of what I'm talking about.
For arguments sake, lets say I have a certain keen interest in the PT-19. I work and work, and save my money until one day I go out and buy a bare bones PT project (hey Steve!

). Once I pull this thing home, I realize it's going to take more money that I have to it back in the air, so what do I do? I form a 501c(3), we'll call it the "PT-19 Historical Group," dedicated to the
Preservation and Perpetuation of the Fairchild PT-19.
I then start actively soliciting donations, both parts and monetary, for the restoration of this historically significant aircraft. I even load the fuselage up on a trailer, and take it to a few airshows, along with pretty displays detailing how the PT-19 helped trained our young fledgling aviators during the second world war. Eventually, enough money is raised, enough parts are collected, and one more blue & yellow bird is back churning holes in the sky.
Fast forward a few years, and suddenly I find myself in a bit of a financial crisis. After exploring all avenues, exhausting all other options, I have no alternative left but to sell my beloved PT-19. After all debts are settled, what money is left goes directly into my pocket. What about the "PT-19 Historical Group?" With it's crown jewel gone, and nothing left but an empty hanger (which I own), and a few pictures and memorabilia hanging on the walls, it is soon dissolved.
So I'll ask this question again: Does the above scenario seem right to you? Is it right for me to profit from the sale of my PT-19, when so many privately donated funds and parts (all of which were tax deductible, mind you) were almost solely responsible for my bird being restored? I would submit that the above is highly unethical, and almost surely illegal...but then again, who is paying attention, right?
I'm anxious to hear what others think about all this, as what I have outlined above is really what stopped me from forming my own little group. Let the fun begin!