In the real world, Bill, if I have $10 million at the beginning of the year, and I have $10 million at the end of the year, I have broken even. I’m not sure what bizzaro world you live in, where all businesses are profitable and all investments make after-tax money. In my world, an investment where you neither make nor lose money is called “breaking even.”
Now, granted, I won’t be happy if my retirement plan only breaks even. But I’m a lot better off than the ex-Enron employees, wouldn’t you say? If my (say) $5,000 in my retirement plan becomes $5,001, I have “made money.” Not enough money for my liking, but I have made money.
You can’t say that a corporation “loses $500,000” when a foundation endowment makes 500K investment income, in any sense of the word. Semantically, it didn’t have the $500K in the first place, so it didn’t have it to lose. But, more to the point, that $500K investment is untaxed. In any other investment environment, the IRS would take a chunk out of the investment income. It’s moot to claim that a company “lost” money in that regard.
As for CGAs, hell yeah the laws are complicated. That’s why I’m a fundraiser, not a tax attorney. We, and just about every university less-well-off than Harvard, have to hire outside attorneys to sort out the mess. Essentially, though, CGAs are modified tax shelter investments. You might not earn as much as you would through investments in blue chips, but you won’t get socked with the same capital gains and (more importantly) inheritance taxes. (I should point out the the numbers I quoted were how far ahead our potential donor will come out “gross,” not “net.” The tax implications of a CGA are its real strongpoint.)
Ironically, I gave you a “concrete example” of how an individual can earn money. I can’t, because of donor confidentiality, go into any more details. (I can’t even tell you what stocks are at stake, because that may tip off who the donor is.) But if you can point out a “specific flaw” in a CGA, myself, the tax attorney, and Harvard will all be interested. CGAs and other planned gifts are our bread-and-butter. Unlike you, we deal with them every day.
And I find it ironic that you pressed me for “concrete examples,” when when we made the same request of you, you ducked it like a boxer on the ropes.