I agree...but the NCAA isn't exactly in a position of strength in this. What exactly do they do...with all that $$$ from the NCAA Tournament. The P5 could construct their own NCAA could they not? One that doesn't pay the CEO $1 Million per year?
I see that the NCAA has two "advantages" right now as far as the non-profit stuff goes:
1) A whole host of "poor" G5 schools and Div II/III schools, for which the NCAA provides services and benefits.
2) The "tradition" of the NCAA and its members holding non-profit status. IMO, it would be more difficult to take away a questionable non-profit status from an organization and its memberst, than giving a non-profit status to an organization that would have very questionable non-profit finances.
I think there are two categories of non-profit statuses in play here: One for the overall organization itself, and then the non-profit status of the members. If the P5 schools break away, there are no poor sisters to help out..it's just a bunch of relatively wealthy ADs. They can't hide behind a parent non-profit to justify their own non-profit status.