^^^
From that link:
MYTH # 1 – AXANAR IS MAKING A PROFIT
Axanar Productions is operated as a non-profit corporation and we are currently working toward being recognized as a 501(c) 3 federally tax exempt non-profit entity.
Some people claim that the fact that we pay some staff a modest salary makes us for-profit. That is not the case. According to the IRS and every standard business practice, a non-profit can pay employees salaries. Donors know about these expenses and almost unanimously approve of the expenditures as the donors have seen the tremendous amount of work that Alec, Diana and the team have done over the past 18 months.
Alec Peters must be a wholesale idiot. Why? RIGHT NOW 'Axanar Productions' is listed as a for profit company. Until he (and if he ever does) get 501(c) 3 non-profit entity status; THEN he can claim Axanar Productions is a non-profit entity; until then, it's just not and CANNOT claim Axanar Productions is 'non-profit'.
Next is the tired Axanar claim that they "are not making any profit"; but while that could be seen as part of what CBS is against any Star Trek fan film groups doing - what CBS seems to have said (and no they're never put this out on paper or e-mail for good reason but it seems all other fan film groups are aware of this); and it's:
As a fan film group (outside of those employed by Hollywood Unions) NO ONE can see/receive ANY KIND OF FINANCIAL OR MATERIAL GAIN. <--- Yes, profit would be one form of financial gain; but paying yourself as a Producer (while NOT a member of the PGA); or CEO, or whatever title you want to call yourself while paying yourself and other non-Hollywood union members ANY SALARY for work done IS 'financial gain'. Plus being able to use pledge/donor funds to even only pay for a full year of rent on your studio up front is material gain.
So, as usual Mr. Peters is misstating what CBS (and others) have an issue with - that he (and others connected to Axanar who are also not Hollywood union members do work related to their particular unions) are experiencing financial gain (Yes, please go to the IRS and tell them a salary you were paid is not financial gain - and see what they say. I'm pretty sure the answer will be "it is". That said, whether you might or might not owe taxes to the IRS from said salary depends on how much was paid, and what type of organization paid it. In Mr. Peters case - at the time he drew said salary, 'Axanar Productions' was, and still is, listed as a 'for profit' entity. You cannot get around that by saying "Well, we want to be non-profit..." <--- Business in the U.S. doesn't work that way.
Next we have:
Investor Group Plans to Buy Axanar Studio Assets
http://axamonitor.com/doku.php?id=investor_group
^^^^
I don't know how Mr. Peters believes this will change anything with regard to the lawsuit as since 'Axanar Productions' will be reimbursed for the funds used in building out the space; the original money (which Axanar is being reimbursed for spending) was STILL RAISED BY THEIR USE OF THE STAR TREK IP. It's still 'financial gain' and it just means that money may (if C/P receive a Judgement with damages) be paid to C/P in the form of damages. Mr. peters does get effectively a $250K windfall by being relived of any responsability for future rent (which could also be seen and construed as 'financial gain'); and if one of the 'investors happens to be Mr. Peters himself, or a company he still owns (like say Propworx); the waters get even muddier. But, all that said, there's no getting around the fact that with this deal, Mr. Peters (and Axanar Productions which paid Mr. peters and others salaries) will still be seeing 'financial gain'; and will still have monetary assets that can be paid to C/P by a judgement that awards C/P damages for copyright infringement.
The only group truly screwed by this no matter how it turns out ARE the Axanar Pledgers/Backers/Donors.