But there is no arbitrage in that scenario because the income tax rate is higher than the capital gains rate.
"But there is no arbitrage in that scenario because the income tax rate is higher than the capital gains rate."
You would have to look at the return and see how Moore classified his income from the non-profit entity.
Terrazyza Hines for instance lists herself as a Philanthropist on her tax return but did not pay a single cent in SS/Medicare taxes since it was all classified as Capital Gains and dividends income for her non profit entities.