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
FULL CIRCLE COMMUNITIES INC
Employer identification number
36-4382850
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.") ....
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..
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)..
6
Public Support. Subtract line 5 from line 4.
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..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
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).
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
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
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.") .
1,670,330
1,786,821
2,047,733
5,504,884
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......
2,527,704
2,309,355
952,654
1,086,441
1,124,588
8,000,742
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.
2,527,704
2,309,355
2,622,984
2,873,262
3,172,321
13,505,626
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
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.
0
c
Add lines 7a and 7b..
0
8
Public Support (Subtract line 7c from line 6.)
13,505,626
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...
2,527,704
2,309,355
2,622,984
2,873,262
3,172,321
13,505,626
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
25,959
44,166
17,305
618
8,837
96,885
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
25,959
44,166
17,305
618
8,837
96,885
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.)
239,853
249,514
239,756
241,929
46,247
1,017,299
13
Total support (Add lines 9, 10c, 11 and 12.).
2,793,516
2,603,035
2,880,045
3,115,809
3,227,405
14,619,810
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
92.380 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
91.700 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
0.660 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
0.770 %
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
SCHEDULE A, PART IV, SUPPLEMENTAL INFORMATION: SCHEDULE A, PART III, LINE 12: MISCELLANEOUS INCOME CONSISTS OF TENANT CHARGES, LAUNDRY AND VENDING CHARGES AND OTHER INCOME ITEMS FOR SERVICES PROVIDED FOR THE CONVENIENCE OF THE TENANTS. IN ADDITION, OTHER INCOME RELATED FEES WERE EARNED AND RECOGNIZED IN THE CURRENT REPORTING PERIOD.
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
FULL CIRCLE COMMUNITIES INC
Employer identification number
36-4382850
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 2
MILTON PINSKY AND MARTIN PINSKY ARE BROTHERS. DAVID GOTTLIEB IS MILTON PINSKY AND MARTIN PINSKY BROTHER-IN-LAW. MILTON PINSKY, MARTIN PINSKY AND DAVID GOTTLIEB HAVE A BUSINESS RELATIONSHIP IN SEVERAL OTHER FOR PROFIT ENTITIES, INCLUDING; BANNER APARTMENTS, LLC AND ITS AFFILIATES, BANNER REALY TRUST AND BANNER REALTY, LLC AND ITS AFFILIATES,AND BANNER EQUITIES AND ITS AFFILIATES.
FORM 990, PART VI, SECTION A, LINE 6
MARTIN PINSKY, MILTON PINSKY, AND DAVID GOTTLIEB ARE FOUNDING MEMBERS OF THE NOT FOR PROFIT.
FORM 990, PART VI, SECTION A, LINE 7A
THE CORPORATION SHALL HAVE ONE CLASS OF THREE MEMBERS WHO SHALL ELECT THE DIRECTORS AND FILL VACANCIES ON THE BOARD OF DIRECTORS. EACH MEMBER MAY TRANSFER HIS MEMBERSHIP INTEREST, INCLUDING A TRANSFER DESIGNATED IN THEIR WILL, PROVIDED THAT THEY RECEIVE NO CONSIDERATION OF MONEY, PROPERTY, OR VALUE IN RESPECT TO SUCH TRANSFER. IN THE EVENT A MEMBER SHALL DIE WITHOUT HAVING TRANSFERRED HIS MEMBERSHIP INTEREST, INCLUDING A TRANSFER DESIGNATED IN HIS WILL, THE REMAINING MEMBERS, BY UNANIMOUS CONSENT SHALL EITHER ELECT A NEW MEMBER WITHIN ONE YEAR OR SUCH MEMBERSHIP POSITION SHALL BE ABOLISHED.
FORM 990, PART VI, SECTION A, LINE 7B
THE MEMBERS HAVE TO APPROVE ANY AMENDMENTS TO THE ARTICLES OF INCORPORATION. ANY PROVISION IN THE BY-LAWS OF THE CORPORATION SPECIFYING, WHO THE MEMBERS ARE, HOW THE MEMBERS ARE ELECTED, OR QUALIFICATIONS FOR MEMBERS OR FOR THE TRANSFER OF A MEMBERSHIP INTEREST MAY ONLY BE ADOPTED OR AMENDED WITH THE UNANIMOUS CONSENT OF THE MEMBERS. ANY PROVISION IN THE BY-LAWS OF THE CORPORATION LIMITING THE METHODS THE CORPORATION, ITS OFFICERS, AND DIRECTORS USE TO ACHIEVE ITS CHARITABLE PURPOSES MAY ONLY BE ADOPTED OR AMENDED WITH THE UNANIMOUS CONSENT OF THE MEMBERS.
FORM 990, PART VI, SECTION B, LINE 11
THE BOARD REVIEWED DRAFTS OF THE FULL CIRCLE COMMUNITIES, INC. AUDIT AND FORM 990. THE BOARD WAS GIVEN THE OPPORTUNITY TO ASK QUESTIONS AND PROVIDE COMMENTS ON THE AUDIT AND FORM 990 PRIOR TO COMPLETION AND FILING. THE BOARD SUPPORTS THE FILING OF FORM 990 AND COMPLETION OF THE AUDIT WITH APPROPRIATE COMMENTS INCORPORATED.
FORM 990, PART VI, SECTION B, LINE 12C
BOARD MEMBERS ABSTAIN FROM ANY VOTING WHERE A CONFLICT COULD EXIST. THE CONFLICT OF POLICY REQUIRES THAT THE BOARD OF DIRECTORS ANNUALLY SIGN OFF ON THE POLICY.
FORM 990, PART VI, SECTION B, LINE 15
BOARD OBTAINED A COMPENSATION STUDY & RECOMMENDATION. THE BOARD APPROVES ALL SALARY ADJUSTMENT ON AN ANNUAL BASIS PRIOR TO THE ADJUSTMENTS TAKING PLACE.
FORM 990, PART VI, SECTION C, LINE 19
EXISTING POLICIES, RETURNS AND FINANCIAL STATEMENTS ARE MAINTAINED AT THE OFFICES OF FULL CIRCLE. THESE DOCUMENTS ARE MADE AVAILABLE TO THE PUBLIC UPON WRITTEN REQUEST.
OVERSIGHT OF AUDITING FUNCTION
PART XI, LINE 2C
THE BOARD REVIEWED DRAFTS OF THE FULL CIRCLE COMMUNITIES, INC. AUDIT AND FORM 990. THE BOARD WAS GIVEN THE OPPORTUNITY TO ASK QUESTIONS AND PROVIDE COMMENTS ON THE AUDIT AND FORM 990 PRIOR TO COMPLETION AND FILING. THE BOARD SUPPORTS THE FILING OF FORM 990 AND COMPLETION OF THE AUDIT WITH APPROPRIATE COMMENTS INCORPORATED. WHEN THE AUDIT IS UP FOR BID, THE BOARD DISCUSSES THE RELATIONSHIP WITH THE CURRENT AUDITORS AND MAKES A DETERMINATION AS TO WHETHER TO MAINTAIN THIS RELATIONSHIP OR CHANGE TO A NEW AUDITING FIRM.
LOANS FROM FULL CIRCLE COMMUNITIES, INC TO VILLAGEBROOK APARTMENTS, LP
FORM 990, SCHEDULE R, PART V, LINE 1D
FULL CIRCLE COMMUNITIES, INC. HAS MADE NET ADVANCES OF $525,000 TO VILLAGEBROOK APARTMENTS, LP AS OF DECEMBER 31, 2009. THESE ADVANCES WERE NECESSARY DUE TO DEVELOPMENT COSTS OF THE PROJECT NOT FUNDED FROM OTHER DEVELOPMENT PROCEEDS. THESE ADVANCES ARE INTEREST FREE. MILTON PINSKY GUARANTEED PART OF THE FNMA LOAN TO GOODLETTE AND FULL CIRCLE HAS A REIMBURSEMENT AGREEMENT TO MILTON PINSKY. FULL CIRCLE COLLATERALIZED THE LOAN BY PLEDGING $200,000 AS A GUARANTY.
REIMBURSEMENT PAID TO OTHER ORGANIZATIONS FOR EXPENSES.
SCHEDULE R, PART V, LINE O
FULL CIRCLE COMMUNITIES, INC USES SIMILAR OFFICE SPACE AND OTHER OFFICE EQUIPMENT AS BANNER PROPERTY MANAGEMENT, LLC. MOREOVER, FULL CIRCLE COMMUNITIES DOES NOT EMPLOY ADMINISTRATIVE OR ACCOUNTING STAFF. INSTEAD, FULL CIRCLE CUMMUNITIES USES BANNER PROPERTY EMPLOYEES TO EXECUTE CERTAIN FULL CIRCLE FUNCTIONS. SOME, BUT NOT ALL OF THESE SERVICES ARE REIMBURSED, BASED UPON EITHER/OR A THIRD PARTY STUDY AND/OR APPROVAL BY THE BOARD. BANNER PROPERTY MANAGEMENT, LLC IS NOT TAKING A CHARITABLE CONTRIBUTION FOR THE AMOUNTS NOT REIMBURSED. FULL CIRCLE COMMUNITIES, INC REIMBURSES BANNER PROPERTY MANAGEMENT,LLC IN ACCORDANCE WITH AN OUTSIDE STUDY AND/OR BOARD RESOLUTIONS. THE RESOLUTIONS APPLICABLE TO CALENDAR YEAR 2009 AUTHORIZED REIMBURSEMENTS IN THE AMOUNT OF $12,298 FOR USE OF BANNER'S ADMINISTRATIVE AND ACCOUNTING STAFF. 2009 REIMBURSEMENTS WERE PAID AT THE 2008 AUTHORIZED RATES. THE ADDITIONAL REIMBURSEMENTS WERE PAID IN 2009 AND WERE REFLECTED ON THE 2009 FINANCIAL STATEMENTS.
ADDITIONAL DISCLOSURES REGARDING RELATED PARTIES
SCHEDULE R, PART I THRU IV
FULL CIRCLE PROCESSES A SINGLE PAYROLL WHICH INCLUDES GOODLETTE. BANNER PROPERTY MANAGEMENT PROCESSES ITS OWN PAYROLL. MILTON AND MARTIN EACH RECEIVE PAYROLL AND BENEFITS THROUGH BPM. HOWEVER, DAVID IS PAID THROUGH FULL CIRCLE MANAGEMENT, LLC, A WHOLLY OWNED SUBSIDIARY OF FULL CIRCLE COMMUNITIES, INC. THE SALARIES PAID TO THESE THREE INDIVIDUALS ARE DISCLOSED ON PAGE 7 OF FORM 990, PART VII. AUTUMN RIDGE APARTMENTS, GP IS THE GENERAL PARTNER OF AUTUMN RIDGE APARTMENTS, LP. THE MEMBERS OF AUTUMN RIDGE APARTMENTS GP ARE FULL CIRCLE AND BANNER APARTMENTS LLC. AUTUMN RIDGE HOLDING LLC IS A LIMITED PARTNER OF AUTUMN RIDGE APARTMENTS, LP.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.