Elon Emails

Birchall flags self-dealing risk on OpenAI building lease

From:
Jared Birchall
Date:
June 13, 2016 (Sent 2:19 PM)
To:
Elon Musk
Subject:
Pioneer building lease
The myCFO team suggests that having the Musk foundation lease a building for OpenAI is a problem because you are a director/chair of OpenAI. Because the foundation now has assets in excess of $2 million, there will be an obligatory audit of the foundation. The lease would need to be disclosed. This could become a 'self dealing' issue in the eyes of the IRS because of your fiduciary position with both organizations. The way around it is to have the lease cosigned with OpenAI and another one of your entities - like Musk industries. We can still make the payments through the donor advised fund or the Musk foundation, but the lease wouldn't have to be disclosed as a Musk foundation transaction. Are you OK proceeding as outlined? Jared J Birchall Managing Director Musk Family Office

About this email

Musk's family-office head warns that having the Musk Foundation lease a building for OpenAI could be seen as self-dealing because Musk chairs OpenAI, and proposes co-signing the lease with OpenAI and another Musk entity.

Where it came from

Court record; attribution confirmed.

OpenAI, executive & internal. Tags: pioneer-building, lease, musk-foundation, self-dealing, tax, musk-v-openai