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[return to "We have reached an agreement in principle for Sam to return to OpenAI as CEO"]
1. garris+EJ[view] [source] 2023-11-22 11:59:46
>>staran+(OP)
If OpenAI remains a 501(c)(3) charity, then any employee of Microsoft on the board will have a fiduciary duty to advance the mission of the charity, rather than the business needs of Microsoft. There are obvious conflicts of interest here. I don't expect the IRS to be a fan of this arrangement.
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2. brooks+Ig1[view] [source] 2023-11-22 15:00:12
>>garris+EJ
There’s no indication a Microsoft appointed board member would be a Microsoft employee (though the they could be of course), and large nonprofits often have board members that come from for-profit companies.

I don’t think the IRS cares much about this kind of thing. What would be the claim? They OpenAI is pushing benefits to Microsoft, a for-profit entity that pays taxes? Even if you assume the absolute worst, most nefarious meddling, it seems like an issue for SEC more than IRS.

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