@scrantoncane
There are three basic issues that I am seeing, four if you lump the NCAA in.
1) In order to create a 501c3, the charitable class has to be sufficiently broad and undefined. It is why people can't set up a charity if their family member has a health issue. The Texas A&M football team would more likely than not (should not) fail this test. If they set it up for
all A&M athletes it would probably satisfy it. However, they would also need to operate it consistent with this. In no way should this get 501(c)(3) status, but the IRS is also so backlogged that it will take some time to sort out.
2) What TOC said is spot on. If too much support is concentrated by too few donors, it will be a private foundation. That has its own set of rules when it comes to deductibility and who you give to. To be honest, I have purposefully stayed away from these so I don't know the full issues it can bring, but know you want to be a public charity and not a PF.
3) What you said about reasonable compensation is totally spot on, but my guess is that they will not want the students to be employees, but rather beneficiaries. I don't know. It is weird. And stupid.
Truthfully, as some one who has spent a career in 501c3 consulting and taxes, it is ****ing me off as a gross abuse of the system. There are plenty of large charities that are not much better (a certain cancer awareness one that gives virtually nothing to research), but this was and is such clear nonsense. Pay the players, take a business deduction, and call it a day. It is better than you were getting when you were handing over literal bags of cash under the table.
Which brings me to my final point, the NCAA, why I hope they go after the wrong school, and why I am laughing at people who are worried about the Ruiz family being too open. Their charitable status is based off of amateur athletics. On what planet are FBS football players and D1 basketball players amateurs. You have Texas A&M boosters literally breaking out these NIL deals into contracts that are paid over four years to keep the player there. How is that different that a pro contract with a team in terms of whether they are amateur athletes? I don't know if or when the IRS looks into this, but it will happen at some point, either through this litigation, or ****ing off a school associated with the wrong congressperson, if the big schools don't break out the revenue sports before then. They are playing Russian roulette if they try to get aggressive.