Well, the courts put us on this path in the first place with NCAA v. Board of Regents.
NIL Thread
- Thread starter jessej
- Start date
Well, the courts put us on this path in the first place with NCAA v. Board of Regents.
Doesn’t matter what he “could” do as there is no doubt the agency paid him to attend Tennessee, which he is committed to doing. Why else would a Tennessee based agency pay a California Junior in high school $8 million…
Yep, that's what I'm saying'.
This is the most company man response ever and I appreciate your loyalty but come on man lol
As long as these kids pay their income taxes... I guess.
Can't wait for the Mafia to throw their ante into the pot.
I'm not disagreeing with you, just pointing out that this is a very unique situation. I'm not aware of any other athlete who has had their NIL rights purchased. There is absolutely nothing tying him to Tennessee, and he will get his money no matter what, which is different from the vast majority of NIL deals.
And to answer the question of "why an agency would pay him 8 million": They are now going out and securing marketing deals against their investment with national brands, which is how they will make money off of him. Since they own his rights, every marketing dollar they secure, they keep 100% of, as opposed to only taking a percentage.
For it to be a company man response, I would've had to have been defending Tennessee in some way, which I wasn't. They are 100% involved with pretty much every NIL dollar that flows through the collective.
Again, the Nico deal is unique, as his money is not tied to him attending Tennessee, even though almost all of the money that made up his deal was funded by Tennessee donors, which puts a ton of pressure on the agency to make sure he ends up in Knoxville.
Pablo
Hall of Famer
It's certainly an advantage from a tax standpoint to accept an NIL deal at a school located in a state with no state income tax such as Florida or Tennessee:
frieserlegal.com
"Student-athletes should also be aware of any state income taxes that could be applied to their NIL income. Currently, Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming are the only states without a state income tax. If a student-athlete attends a school in another state not listed, their NIL income will likely be subject to state income tax. With many states passing NIL laws in 2021, none provided student-athletes with an exemption to state income taxes. Incoming student-athletes and student-athletes in the transfer portal should be mindful of which state their school is located in when understanding what taxes they may be liable for. While some states have very minimal or no state income taxes, others have a substantial income tax, up to nearly 10%."
Tax Implications of NIL for Student-Athletes – Frieser Legal
Student-athletes must be aware of the tax implications of NIL and that their compensation will be subject to federal and state taxes.
frieserlegal.com
"Student-athletes should also be aware of any state income taxes that could be applied to their NIL income. Currently, Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming are the only states without a state income tax. If a student-athlete attends a school in another state not listed, their NIL income will likely be subject to state income tax. With many states passing NIL laws in 2021, none provided student-athletes with an exemption to state income taxes. Incoming student-athletes and student-athletes in the transfer portal should be mindful of which state their school is located in when understanding what taxes they may be liable for. While some states have very minimal or no state income taxes, others have a substantial income tax, up to nearly 10%."
Pablo
Hall of Famer
Column by former UCLA basketball star Ed O'Bannon:
"I’m very familiar with Emmert and the worldview he represented. I brought a federal case for name, image and likeness rights for college athletes, including those who had been featured in video games without their consent, let alone pay.
I remember during our trial in Oakland in 2014 how much Emmert struggled on the witness stand. I honestly felt bad for him.
Emmert argued that college athletes shouldn’t be paid for their NIL because he said it was exploitative—to the athletes. I’m not a lawyer, and I’m not an economist, but that made no sense to me. As it turned out, it didn’t make sense to Judge Claudia Wilken or to judges on the U.S. Court of Appeals for the Ninth Circuit, either.
Remember, this wasn’t that long ago. We’re talking about 2014. Back then, NIL was unpopular, even threatening to some, especially to traditionalists in college sports. But all we were asking for was for college athletes to enjoy the same rights as their classmates.
That’s it.
While he was on the stand, Emmert had to defend photos of college players wearing Nike uniforms and Nike logos as part of their team apparel. He said it was, and I remember his wording, 'fine' for that to be the case. I also remember shaking my head. These athletes had no choice but to endorse a brand that wasn’t paying them a penny, and they couldn’t endorse their own brand.
We were open to settling with the NCAA, just like we settled with Electronic Arts, if the NCAA leaders agreed to change NIL rules. They wouldn’t. And they lost the trial, lost the appeal and then, a handful of years later, were forced by state laws to allow NIL. The U.S. Supreme Court also found their system of amateurism rules problematic in the Alston case.
The whole controversy was avoidable. Emmert didn’t create the situation, but he didn’t do what was necessary to end it. He owns that.
I hope with new NCAA leadership come new values that treat college athletes with the respect and dignity they deserve."
"I’m very familiar with Emmert and the worldview he represented. I brought a federal case for name, image and likeness rights for college athletes, including those who had been featured in video games without their consent, let alone pay.
I remember during our trial in Oakland in 2014 how much Emmert struggled on the witness stand. I honestly felt bad for him.
Emmert argued that college athletes shouldn’t be paid for their NIL because he said it was exploitative—to the athletes. I’m not a lawyer, and I’m not an economist, but that made no sense to me. As it turned out, it didn’t make sense to Judge Claudia Wilken or to judges on the U.S. Court of Appeals for the Ninth Circuit, either.
Remember, this wasn’t that long ago. We’re talking about 2014. Back then, NIL was unpopular, even threatening to some, especially to traditionalists in college sports. But all we were asking for was for college athletes to enjoy the same rights as their classmates.
That’s it.
While he was on the stand, Emmert had to defend photos of college players wearing Nike uniforms and Nike logos as part of their team apparel. He said it was, and I remember his wording, 'fine' for that to be the case. I also remember shaking my head. These athletes had no choice but to endorse a brand that wasn’t paying them a penny, and they couldn’t endorse their own brand.
We were open to settling with the NCAA, just like we settled with Electronic Arts, if the NCAA leaders agreed to change NIL rules. They wouldn’t. And they lost the trial, lost the appeal and then, a handful of years later, were forced by state laws to allow NIL. The U.S. Supreme Court also found their system of amateurism rules problematic in the Alston case.
The whole controversy was avoidable. Emmert didn’t create the situation, but he didn’t do what was necessary to end it. He owns that.
I hope with new NCAA leadership come new values that treat college athletes with the respect and dignity they deserve."
It is a very fine point, but, technically, they did do something:
NCAA adopts interim name, image and likeness policy
NCAA college athletes will have the opportunity to benefit from their name, image and likeness beginning Thursday. Governance bodies in all three divisions today adopted a uniform interim policy suspending NCAA name, image and likeness rules for all incoming and current student-athletes in all...
www.ncaa.org
They suspended their existing rules that prohibited it, but, technically, the courts had already done that for them. This just made it look like they were allowing it now.
But, yeah, they really didn't do anything.
True, to an extent, but It isn't really for the courts to consider the consequences of the ruling, just the merits of the case. It is up to the legislative or regulatory bodies (like the NCAA) to define the path if they want to try again to regulate in a way the courts determine is OK.
Picture this scenario for a second:
I could see a situation where a high school QB gets another $10 Million + NIL deal and he turns out to be a relative bust on the field or of course injured. It could possibly turn out that the money he made during college will be the most he ever makes. In fact, some may actually have to take a pay cut to go the NFL.
I don't know what point I'm trying to make, but if I were a high school athlete worthy of any NIL, I'd try my damndest to maximize the value of that NIL deal. You can never tell what the future holds and to not take advantage of that would not make much sense.
Fans may complain, but we will all still be watching and going to games just a smuch as we were before because college basketball is simply a great entertainment value for us.
I could see a situation where a high school QB gets another $10 Million + NIL deal and he turns out to be a relative bust on the field or of course injured. It could possibly turn out that the money he made during college will be the most he ever makes. In fact, some may actually have to take a pay cut to go the NFL.
I don't know what point I'm trying to make, but if I were a high school athlete worthy of any NIL, I'd try my damndest to maximize the value of that NIL deal. You can never tell what the future holds and to not take advantage of that would not make much sense.
Fans may complain, but we will all still be watching and going to games just a smuch as we were before because college basketball is simply a great entertainment value for us.
I made a similar point in the past. If you are a football QB for example, that could get drafted after two years or stay in college and risk getting injured and never getting your pay day, you need something to mitigate that risk. I was a proponent for allowing schools (or somebody) to pay for insurance policies for such players to be able to stay in college. Right now, if the player/family can't afford it, there really is no competition between choices. Take the money now, save some of it for going back to college in case the NFL (NBA, etc.) don't work out.
If I'm a pro team, I'm looking at how the NIL money might cause other issues....Does Zion gain even more weight before starting college as a hs millionaire? Does Ryan leaf even pursue NFL if he knows deep down he's a bust. But a millionaire bust thanks to Tennessee NIL....karma has its ways. And it's gonna bite these greedy f**kers hard.
Such insurance policies do exist. And are paid by the school. It's based on pro earnings and damages from injury while an amateur. Anthony's Poindexter, UVA CB, got paid $1 millon when he blew out his knee.
FreeGunston12
All-American
I'm not sure I understand your point. Sounds like it could potentially save NBA teams a blown draft pick by your reasoning. See Emoni Bates, maybe?
Not sure who the greedy f*ers are in your scenario. Won't the kids just make market value anyway?
Sucks that Mason doesn't have a bunch of diehards out there who can provide great NIL incentives, but good for the 18 year olds pulling in 6 or 7 figures.
Wichita St fires AD over NIL issues (among other things).
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