News & Analysis as of

Internal Revenue Service NCAA Name and Likeness

The United States Internal Revenue Service is a bureau of the United States Department of the Treasury. The IRS is charged with collecting revenue and enforcing the Internal Revenue Code.  
Shook, Hardy & Bacon L.L.P.

NCAA’s $2.8 Billion Athlete Revenue Settlement Receives Final Approval

Not only does Judge Claudia Wilken’s final approval of the In re: College Athlete NIL Litigation settlement provide $2.576 billion in damages for settlement class members, it changes the rules of the game for current and...more

Burr & Forman

Tax-Exempt NIL Collectives Warned of “Smarter Enforcement” by IRS in 2025

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The Tax Exempt & Government Entities Division (TE/GE) of the Internal Revenue Service (IRS) recently published a program letter outlining the Division’s priorities in fiscal year 2025. The Division lists “tax-exempt...more

Alston & Bird

NIL Collectives: Don’t Be Blindsided by an IRS Challenge

Alston & Bird on

If the IRS challenges the tax-exempt status of a name, image, and likeness (NIL) collective, the collective must understand how best to respond. Our Federal Tax Group details what NIL collectives need to know to make the cut....more

Alston & Bird

The IRS’s Latest Play on NIL Collectives: Tax-Exempt Status on the Defensive

Alston & Bird on

Our Federal Tax and Exempt Organizations teams tackle the implications of the IRS chief counsel’s conclusion that nonprofit organizations created to pool donations and develop paid name, image, and likeness (NIL)...more

Cadwalader, Wickersham & Taft LLP

NIL Collectives Strike Out on Tax-Exempt Status

In recent guidance, the IRS blew the whistle on claims of tax-exempt status by organizations formed to provide opportunities for student athletes to monetize their “name, image and likeness” (“NIL”)....more

Fox Rothschild LLP

IRS is coming for NIL collectives

Fox Rothschild LLP on

It is a truism that agencies required to publicly release documents sometimes hold off on releasing those documents until a Friday afternoon, in the hopes it will be overlooked. The IRS lived up to that truism in releasing a...more

Venable LLP

IRS Takes Skeptical View of NIL Collectives

Venable LLP on

In a recent memorandum issued by the Office of Chief Counsel, the Internal Revenue Service (IRS) concluded that many "NIL Collectives" may not qualify as tax-exempt under Section 501(c)(3) of the Internal Revenue Code of...more

Kohrman Jackson & Krantz LLP

IRS Challenges Charitable Status of NIL Collectives, Casting Doubt on Donations to Support College Athletes

Is it charitable to donate to a group that facilitates opportunities for athletes at a particular college? The IRS thinks not. In a recent memo released from the office of the IRS Chief Counsel, the IRS asserts that this...more

Stinson LLP

Pass Interference: Potential Tax Implications of NIL Collectives in College Sports

Stinson LLP on

Conference realignments. TV deals continuing to soar. Name, image and likeness. If there is one thing that has recently come to define college sports, it is the constant flux and the ebb and flow of change permeating the...more

Vinson & Elkins LLP

Game Changer: Understanding the NCAA’s New NIL Policy

Vinson & Elkins LLP on

For over a century, the National Collegiate Athletic Association (“NCAA”) barred student-athletes from monetizing their name, image, and likeness (“NIL”). Yet, after facing mounting pressure from student-athletes, state...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

Fenwick & West LLP on

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

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