Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
1ST AND 10 FOUNDATION INC
Employer identification number
20-0787954
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
110,214
1,044,603
469,475
498,552
427,122
2,549,966
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
110,214
1,044,603
469,475
498,552
427,122
2,549,966
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
1,744,325
6
Public Support. Subtract line 5 from line 4.
805,641
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
110,214
1,044,603
469,475
498,552
427,122
2,549,966
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
0
0
19,621
23,933
21,521
65,075
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
11
Total support (Add lines 7 through 10).
2,615,041
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
30.808 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
31.385 %
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public Support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
FOR THE REASONS STATED BELOW, IT IS THE FOUNDATION'S POSITION THAT IT QUALIFIES AS A PUBLICLY SUPPORTED ORGANIZATION UNDER THE 10%-FACTS-AND-CIRCUMSTANCES TEST FOR TAX YEAR 2010 UNDER IRS TEMPORARY REGULATIONS 1.170A-9T(F)(3). THE FOUNDATION, A GRANT MAKING ORGANIZATION, IS ORGANIZED AND OPERATED TO ATTRACT NEW AND ADDITIONAL PUBLIC SUPPORT ON A CONTINUOUS BASIS. THE FOUNDATION USES PUBLIC SUPPORT TO MAKE GRANTS TO OTHER 501(C)(3) ORGANIZATIONS. IN EACH YEAR SINCE THE FOUNDATION WAS ORGANIZED IN 2004, THE FOUNDATION HAS OPERATED THE "CELEBRITY BOWL" FUNDRAISING EVENT. THIS EVENT SOLICITS FUNDS FROM THE GENERAL PUBLIC AND IS THE FOUNDATION'S LARGEST FUNDRAISING EVENT. ADDITIONALLY, THE FOUNDATION SOLICITS AND ACCEPTS ANY AND ALL SUPPORT FROM THE GENERAL PUBLIC AND COMMUNITY VIA A "HOW CAN I HELP" PAGE ON IT'S PUBLIC WEBSITE AT 1STAND10FOUNDATION.COM. PURSUANT TO 17.170A-9T(F)(3)(III)(A), ONE OF THE CONSIDERING FACTORS IN DETERMINING WHETHER AN ORGANIZATION IS "PUBLICLY SUPPORTED" IS THE PERCENTAGE OF FINANCIAL SUPPORT RECEIVED BY AN ORGANIZATION FROM THE GENERAL PUBLIC. IF THE PERCENTAGE OF SUPPORT ABOVE THE 10% REQUIREMENT FROM THE GENERAL PUBLIC IS LARGE AND CLOSELY APPROACHES THE 33 1/3% THRESHOLD, SUCH FACT WILL BE CONSIDERED AS EVIDENCE OF COMPLIANCE WITH THE PUBLIC SUPPORT TEST. THE FOUNDATION'S 2010 SUPPORT FROM THE GENERAL PUBLIC WAS 30.8080%. THIS IS A MERE 2.5253% SHORT OF THE 33 1/3% THRESHOLD. PURSUANT TO 1.170A-9T(F)(3)(III)(C)(B), ANOTHER OF THE CONSIDERING FACTORS IN DETERMINING WHETHER AN ORGANIZATION IS "PUBLICLY SUPPORTED" IS WHETHER THE ORGANIZATION RECEIVES ITS SUPPORT DIRECTLY OR INDIRECTLY FROM A REPRESENTATIVE NUMBER OF PERSONS, RATHER THAN RECEIVING ALMOST ALL OF ITS SUPPORT FROM THE MEMBERS OF A SINGLE FAMILY. DURING 2010, THE FOUNDATION RECEIVED SUPPORT FROM ALMOST 70 DIFFERENT DONORS. ONLY TWO OF THE NEARLY 70 SUPPORTING DONORS CAN BE DEEMED DISQUALIFIED PERSONS OF THE FOUNDATION. THE VAST MAJORITY OF SUPPORTING DONORS ARE FROM THE GENERAL PUBLIC AND ARE OTHER 501(C)(3) PUBLICLY SUPPORTED ORGANIZATIONS. PURSUANT TO 1.170A-9T(F)(3)(III)(C)(C), THE FACT THAT AN ORGANIZATION HAS A GOVERNING BODY WHICH REPRESENTS THE BROAD INTERESTS OF THE PUBLIC, RATHER THAN THE PERSONAL INTERESTS OF A LIMITED NUMBER OF DONORS WILL BE TAKEN INTO ACCOUNT IN DETERMINING WHETHER AN ORGANIZATION IS "PUBLICLY SUPPORTED". THE FOUNDATION BENEFITS GREATLY FROM ITS RESOURCE COUNCIL. THE RESOURCE COUNCIL MEMBERS ARE BUSINESS COMMUNITY AND CIVIC LEADERS REPRESENTING A BROAD CROSS-SECTION OF THE VIEWS AND INTERESTS OF THE COMMUNITIES SERVCED BY THE FOUNDATION. THE RESOURCE COUNCIL MEMBERS DONATE THEIR TIME TO THE FOUNDATION TO PROVIDE GUIDANCE THROUGHOUT THE YEAR TO ATTRACT NEW AND ADDITIONAL PUBLIC SUPPORT. FINALLY, THE FOUNDATION OPERATES AS A PUBLIC CHARITY BY HOLDING, INVESTING AND ADMINISTERING ASSETS TO MAKE GRANTS TO SUPPORT THE ACTIVITIES AND PROJECTS OF ORGANIZATIONS OPERATED EXCLUSIVELY FOR SUCH PURPOSES THAT QUALIFY AS TAX-EXEMPT ORGANIZATIONS UNDER 501(C)(3) OF THE INTERNAL REVENUE CODE. THUS, THE FACT THAT THE FOUNDATION EXCLUSIVELY SUPPORTS OTHER PUBLICLY SUPPORTED ORGANIZATIONS THAT DIRECTLY BENEFIT THE GENERAL PUBLIC SHALL BE TAKEN INTO ACCOUNT IN DETERMINING WHETHER THE ORGANIZATION ITSELF PROVIDES SERVICES FOR THE BENEFIT OF THE GENERAL PUBLIC.
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
1ST AND 10 FOUNDATION INC
Employer identification number
20-0787954
Identifier
Return Reference
Explanation
PART VI, LINE 2: FAMILY RELATIONSHIP SCHEDULE
NAME OF OFFICER, DIRECTOR, ETC: JAMES C. PENNINGTON NAME OF RELATED PARTY: MARY ROBIN PENNINGTON TITLE OR ROLE OF RELATED PARTY: VP/TREAS/TRUSTEE RELATIONSHIP: FAMILY RELATIONSHIP NAME OF OFFICER, DIRECTOR, ETC: MARY ROBIN PENNINGTON NAME OF RELATED PARTY: JAMES C. PENNINGTON TITLE OR ROLE OF RELATED PARTY: PRESIDENT/TRUSTEE RELATIONSHIP: FAMILY RELATIONSHIP NAME OF OFFICER, DIRECTOR, ETC: ANDREA PENNINGTON NAME OF RELATED PARTY: JAMES C. PENNINGTON TITLE OR ROLE OF RELATED PARTY: PRESIDENT/TRUSTEE RELATIONSHIP: FAMILY RELATIONSHIP NAME OF OFFICER, DIRECTOR, ETC: STEPHANIE LAFAUCI NAME OF RELATED PARTY: MARY ROBIN PENNINGTON TITLE OR ROLE OF RELATED PARTY: VP/TREAS/TRUSTEE RELATIONSHIP: FAMILY RELATIONSHIP
PART VI, LINES 6, 7A & 7B: GOVERNING BODY & MANAGEMENT
THE ORGANIZATION IS A CHARITABLE CORPORATION ORGANIZED UNDER THE NONPROFIT CORPORATION LAWS OF OHIO. THE MEMBERS OF THE CORPORATION CONSIST OF THE INITIAL MEMBERS DESIGNATED IN THE ARTICLES OF INCORPORATION. THE INITIAL MEMBERS, HAVE NOT TO DATE, BUT MAY, DESIGNATE ADDITIONAL MEMBERS BY AN INSTRUMENT IN WRITING DELIVERED TO THE SECRETARY OF THE CORPORATION. THE BOARD OF TRUSTEES SHALL BE ELECTED BY THE MEMBERS OF THE CORPORATION. THE NUMBER OF TRUSTEES SHALL BE NOT LESS THAN TWO (2) OR MORE THAN SEVEN (7). ANY TRUSTEE ELECTED BY THE MEMBERS MAY BE REMOVED FROM OFFICE BY THE MEMBERS WITHOUT CAUSE.
PART VI, LINE 8B: GOVERNING BODY & MANAGEMENT
THE ORGANIZATION DOES NOT HAVE ANY COMMITTEES WITH AUTHORITY TO ACT ON BEHALF OF THE GOVERNING BODY.
PART VI, LINE 11a & 11b: FORM 990 REVIEW
A COPY OF THE FORM 990 IS REVIEWED BY FINANCIAL REPRESENTATIVES OF EACH MEMBER OF THE ORGANIZATION'S GOVERNING BODY.
PART VI, LINE 12C: CONFLICT OF INTEREST POLICY
TO ENSURE THE ORGANIZATION OPERATES IN A MANNER CONSISTENT WITH ITS TAX-EXEMPT PURPOSES AND DOES NOT ENGAGE IN ACTIVITIES THAT COULD JEOPORDIZE ITS STATUS AS AN ORGANIZATION EXEMPT FROM FEDERAL INCOME TAX, PERIODIC REVIEWS SHALL BE CONDUCTED. THE PERIODIC REVIEWS SHALL, AT A MINIMUM, INCLUDE THE FOLLOWING SUBJECTS: (1) WHETHER COMPENSATION ARRANGEMENTS AND BENEFITS ARE REASONABLE AND ARE THE RESULT OF ARM'S LENGTH BARGAINING; AND (2) WHEHTER PARTNERSHIPS, JOINT VENTURES, AND ARRANGEMENTS WITH MANAGEMENT SERVICE ORGANIZATIONS, IF ANY, CONFORM TO WRITTEN POLICIES, ARE PROPERLY RECORDED, REFLECT REASONABLE PAYMENTS FOR GOODS AND SERVICES, FURTHER THE ORGANIZATION'S TAX-EXEMPT PURPOSES AND DO NOT RESULT IN PRIVATE INUREMENT, IMPERMISSIBLE PRIVATE BENEFIT OR IN AN EXCESS BENEFIT TRANSACTION.
PART VI, LINE 19: DOCUMENTS AVAILABLE TO THE PUBLIC
THE FOUNDATION PROVIDES ITS GOVERNING DOCUMENTS, POLICIES, AND FINANCIAL STATEMENTS TO THE PUBLIC UPON REQUEST TO THE FOUNDATION, AND THROUGH GUIDESTAR.ORG.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.