Tuesday, December 20, 2011
A recent article in the New York Times reports that nonprofit theater companies in NYC are acting ever more like for-profit companies in that they choose their productions with popularity and box office receipts in mind and spin them off to larger, more commercial sites if they are successful. On one hand, such practices appear to risk the invocation of the dread Commerciality Doctrine. In the Goldsboro Art League case, for example, the court (which ruled against the IRS) found it significant that the arts organization in question chose artwork for its exhibitions without regard to commercial appeal. On the other hand, it's hard to imagine that the IRS would risk inflaming the passions of New York's theater community as it struggles to survive these lean economic times.