Being a bit facetious here, the only way to be sure the sun will rise in the morning is to wait for it to show up. If we get an organizational charter that a tax attorney is willing to assure us "is likely to be accepted as a nonprofit", I (personally) think that the risk of the IRS acting irrationally is an acceptable risk, if we find that the scenario C solution is the one we want.
I think this and a number of other points made here gloss over a key point of which some of the participants may not be aware.
Under US law, there is a significant difference between "not-for-profit" and "charitable nonprofit". The former status is relatively easy to obtain; the latter is much more difficult. Only the "charitable" status makes you exempt from a variety of taxes, and only that status means that donations made to you are deductable for the donor under US income tax law.
-- Jeffrey T. Hutzelman (N3NHS) <jhutz+@xxxxxxx> Sr. Research Systems Programmer School of Computer Science - Research Computing Facility Carnegie Mellon University - Pittsburgh, PA
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