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Joyce Clark Unfiltered

For "the rest of the story"

It seems fitting with the Super Bowl in Glendale only two weeks away and the Packers/Seahawks and Colts/Patriots games on today, January 18, 2015 that the NHL and its nonprofit status merits another look.

Many of you may not know that the NFL has nonprofit, 501 (c) 6 status. What other types of organizations enjoy 501 (c) 6 status? Chambers of Commerce and Boards of Trade. Hmmm, which one of these is not like the others? It originally received its tax exempt status in 1945. It’s doubtful if anyone remembers why. In 1966 Congress reaffirmed the NFL’s tax exempt status in return for a merger between the AFL and the NFL; the promise to locate a team in New Orleans and other miscellany.

The NFL is a billion dollar industry. This year the media is reporting that it will earn well north of over $10 billion dollars (that’s billion with a ‘b’ and not a typo). To be fair it does pay some taxes through a subsidiary, NFL Ventures, for its TV deals and some merchandise sold.

The NCAA, NHL and PGA Tour do have a similar non-profit status. Other sports organizations with the same stature as the NFL do not share in this form of congressional largesse. Major League Baseball gave up its nonprofit status in 2007 and the National Basketball Association has never been tax-exempt.

What makes the NFL nonprofit status so obscene to so many people? It revolves around the ever growing and greedy, very detailed and specific stipulations required to be met by state host committees. It’s gotten to the point that nearly everything, down to the towels used by the players, must be comped or deeply discounted. The bid always requires the payment of no taxes by governments – local, county and state. State host committees are forced to solicit more and more dollars from the public/private sectors to offset the costs of promotion and hosting. For example, the City of Scottsdale ponied up a million dollars to the Host Committee. In 2008, the last time Arizona hosted a Super Bowl, the Arizona Host Committee’s budget was approximately $18 million dollars. This year its budget is over $30 million dollars.

In November of 2014 legislation was introduced in Congress to remove the NFL’s tax exempt status. Don’t expect it to go anywhere. This time it is spite legislation and an attempt by some Democratic congressional members to provide pay back because of the NFL’s refusal to change the name of the Washington Redskins and its failure to address the issue of domestic violence (ala Ray Rice) in a more appropriate fashion. The legislation was offered under the guise of earning the federal government over $100 million dollars in tax revenue over the next ten years.

Congressional efforts to rein in the NFL will, as in other years, die quietly. The NFL spends millions, reportedly over $2 million in the past two years, in support of various congressional candidates.  They will not willingly kill their golden goose. Throw in the dollars spent on pure lobbying efforts to kill any such legislation and the NFL’s nonprofit status will remain intact.

So, it seems the big gorilla will remain the big gorilla, for now, as the league and team owners enjoy tremendous profits on the backs of you, me and every other taxpayer in the country.

© Joyce Clark, 2014

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This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Make no mistake. The team has a new owner…Andrew Barroway. Below is the press release on the Arizona Coyotes website with the announcement:

NHL Approves Agreement for Andrew Barroway to Become Majority Owner of the Coyotes

Wednesday, 12.31.2014 / 10:16 PM

Arizona Coyotes

FOR IMMEDIATE RELEASE: Wednesday, December 31, 2014

GLENDALE, ARIZONA — The National Hockey League (NHL) and the Arizona Coyotes announced today that an agreement for IceArizona to sell 51 percent of the Arizona Coyotes franchise to Andrew Barroway has been finalized by the NHL’s Board of Governors. Barroway will serve as the Coyotes Chairman and Governor immediately.

‘This is truly a dream come true for me and my family,’ said Barroway. ‘I am extraordinarily grateful for the opportunity of a lifetime and look forward to working and solidifying a strong partnership with the Club’s current ownership group.

‘As a group we are committed to serving our fans with a new level of excellence and our collective goal is to put a competitive team on the ice every season and, one day, win the Stanley Cup.’

‘Today is an exciting day for the Arizona Coyotes and our great fans.’ said Coyotes Co-Owner, President and CEO Anthony LeBlanc. ‘The addition of Andrew Barroway to our ownership group further solidifies the Coyotes long-term future in the Valley. Our entire ownership group is excited about this opportunity to work with Andrew in taking this franchise to the next level. It’s a great day for hockey in Arizona!’

Andrew Barroway is the Managing Partner of Merion Investment Management LP, an event driven hedge fund that currently manages more than $1 billion. Merion was founded in January 2009. Barroway graduated from the University of Pennsylvania Law School in 1991.”

Andrew Barroway is the new owner of the team. A simple analogy is this. You can no longer afford to make the mortgage payment on your house. You get your uncle to buy 51% of the value of your home. Then you decide you want to repaint and recarpet your house but your uncle says, “No.” Who prevails? Your uncle, of course. He is the majority owner.

It’s the same with the team. Rumors abound that the Gosbee/LeBlanc group have been missing their cash calls. Missing a cash call means that the ownership group (prior to Barroway) refused to use personal funds to cover losses. This probably made the NHL (Commissioner Bettman and the other team owners) very, very nervous. No wonder Bettman worked so hard to find another investor for the team.

One has only to look at this photo to see how thrilled George Gosbee and Anthony LeBlanc are to relinquish control of the team. While it is an old photo it reflects what each must have felt. Each looks as if their dog died.

image1

Photo credit: Matt Kartozian, USA Today Sports via Five for Howling by Brendan Porter

 

The minority owners have no choice but to put a ‘good face’ on the situation. LeBlanc’s mantra was Barroway’s purchase “further solidifies the Coyotes long-term future in the Valley.” Barroway offered “our collective goal is to put a competitive team on the ice every season and, one day, win the Stanley Cup.” Barroway’s function over the next few years will be to shore up the team financially and to cover those pesky cash calls.

On Friday, January 2, 2015 there was a press conference at the Gila River Arena to introduce Barroway to the Arizona fan base. (By the way with the name change to Gila River Arena, why does the very top of the arena, seen in aerial views, still say Jobing.com?) The presser was interesting on many levels. Anthony LeBlanc made several rather telling comments. In terms of a sale of the majority interest to Barroway, “we (the ownership group) weren’t looking for this.” They might not have been looking for it but it appears that Bettman and company most certainly were. He also confirmed that the sale consummated on the last day of 2014 “offers tax advantages for 2014.” The best face LeBlanc could offer was that the sale provides “financial flexibility.” Don Mahoney, the team’s General Manager, confirmed the importance of the sale to Barroway by saying, “we (the team) are solvent” and the sale provides “(financial) stability for long term success.”

It is no secret that Barroway has been trying to acquire a hockey team for years. Witness his attempts with the Philadelphia 76ers, the New Jersey Devils and the New York Islanders. In his case, the 4th time is a charm or as Barroway put it, “keep trying and don’t quit.” With regard to his relationship with the City of Glendale Barroway praised the “strong partnership” with the city. It seems the strong partnership is the $15 million a year the city pays the team. Le Blanc and Barroway reiterated that they are “committed to be here.”When asked about the “out clause” in the current Glendale/IceArizona deal, Barroway casually confirmed “the out clause remains in place.” As long as that option remains so will the speculation about a move after 5 years of losses. If Barroway is truly committed to keeping the team in the Valley working with Glendale to remove that stipulation would scotch the notion once and for all but don’t hold your breath. Barroway emphasized that he will be “very involved in all major decisions” and that “the buck stops with me.” LeBlanc painfully agreed by saying Barroway “wears the crown” as the majority owner of the team.

Just as every Coyotes fan, I desperately want Barroway and the team to succeed for that insures the team in Glendale for a very long time. An integral part of that scenario is constantly building a strong and ever growing fan base. That is difficult to do in today’s climate. Everyone, especially a fan base, loves a winner…a loser, not so much. The team’s performance is in a state of flux as older, experienced players are replaced with young, unproven new faces as part of a rebuilding cycle. The only star player the team will probably retain over the long haul is Shane Doan and he can’t do it alone. The financial bleeding will diminish when the team’s performance proves to be a consistent game winner.

What does the future hold for the Arizona Coyotes? Only Andrew Barroway knows and he’s not telling. Remember there is an option in the Glendale/IceArizona deal that the team can move after demonstrating 5 years of loss. Barroway, first and foremost, is a smart businessman. While he expects losses he also expects those losses to diminish over time as he works to build a more competitive and winning team. Only Andrew Barroway will decide if the team’s future includes a move to a more profitable locale with the financial resources to build his dream team that wins the Stanley Cup. We all hope that the dream of a Stanley Cup includes Glendale, Arizona. We all hope that is Barroway’s dream as well.

© Joyce Clark, 2014

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.