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
RUBIN MUSEUM OF ART AKA THE SHELLEY & DONALD RUBIN CULTURAL TRUST
Employer identification number
22-6799567
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.") ....
50,050,669
10,017,818
1,396,198
6,767,350
1,728,846
69,960,881
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..
50,050,669
10,017,818
1,396,198
6,767,350
1,728,846
69,960,881
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)..
60,237,367
6
Public Support. Subtract line 5 from line 4.
9,723,514
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..
50,050,669
10,017,818
1,396,198
6,767,350
1,728,846
69,960,881
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
3,103,619
6,753,724
2,453,487
2,181,033
2,660,817
17,152,680
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..
127,770
90,862
30,286
44,770
38,487
332,175
11
Total support (Add lines 7 through 10).
87,445,736
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
6,667,671
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
11.120 %
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.") .
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
THE RUBIN MUSEUM OF ART'S PERCENTAGE OF PUBLIC SUPPORT IS 11.12%. THE ORGANIZATION DOES NOT QUALIFY AS PUBLICLY SUPPORTED UNDER THE 33 1/3% TEST. HOWEVER, IT HAS A SOLICITATION PLAN FOR ATTRACTING PUBLIC SUPPORT AND A BROAD REPRESENTATIVE GOVERNING BODY; AND ITS PROGRAM SERVICES DIRECTLY BENEFIT THE GENERAL PUBLIC. THEREFORE, IT QUALIFIES AS A PUBLIC CHARITY UNDER THE FACTS AND CIRCUMSTANCES TEST OF IRC SEC. 170(B)(1)(A)(VI). THE MUSEUM SUCCESSFULLY COMPLETED THE TERMINATION OF ITS PRIVATE FOUNDATION STATUS AS OF DECEMBER 31, 2010 AND RECEIVED A DETERMINATION LETTER FROM THE INTERNAL REVENUE SERVICE IN 2011 AFFIRIMING ITS PUBLIC CHARITY STATUS BASED ON THESE FACTS AND CIRCUMSTANCES.
Explanation
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
RUBIN MUSEUM OF ART AKA THE SHELLEY & DONALD RUBIN CULTURAL TRUST
Employer identification number
22-6799567
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 2
DONALD RUBIN AND SHELLEY RUBIN HAVE A FAMILY RELATIONSHIP.
FORM 990, PART VI, SECTION A, LINE 7A
TWO TRUSTEES, DONALD RUBIN AND SHELLEY RUBIN, HAVE THE RIGHT TO APPOINT UP TO THREE TRUSTEES TO THE BOARD PROVIDED SUCH TRUSTEES ARE FAMILY MEMBERS OF THEIR FAMILY. TO DATE, DONALD RUBIN AND SHELLEY RUBIN HAVE NEVER EXERCISED THIS RIGHT.
FORM 990, PART VI, SECTION B, LINE 11
FORM 990 IS PREPARED BY THE RUBIN MUSEUM OF ART'S INDEPENDENT ACCOUNTANTS, REVIEWED BY THE CHIEF FINANCIAL OFFICER AND DISTRIBUTED TO THE FULL BOARD OF TRUSTEES PRIOR TO THE FILING TO ALLOW FOR TRUSTEES' QUESTIONS OR COMMENTS. IT IS THEN FILED BY THE ORGANIZATION.
FORM 990, PART VI, SECTION B, LINE 12C
THE RUBIN MUSEUM OF ART'S "CODE OF ETHICS FOR TRUSTEES, EMPLOYEES AND VOLUNTEERS" IS AGREED AND ACCEPTED IN WRITING BY ALL SUCH INDIVIDUALS WHEN THEY JOIN THE ORGANIZATION IN THEIR RESPECTIVE CAPACITIES. IN ACCORDANCE WITH THE PROVISIONS OF THIS POLICY, EACH TRUSTEE AND EMPLOYEE WITH MANAGERIAL RESPONSIBILITIES IS FURNISHED A COPY OF THIS CODE OF ETHICS AT LEAST ANNUALLY AND REQUESTED TO COMPLETE AND FILE WITH THE ORGANIZATION AN "ANNUAL CONFLICT OF INTEREST STATEMENT". THE CFO REVIEWS ALL SUCH STATEMENTS AND, IF THERE IS A POTENTIAL OR ACTUAL CONFLICT OF INTEREST, THE CFO BRINGS IT TO THE ATTENTION OF THE CEO AND THE EXECUTIVE COMMITTEE. THE EXECUTIVE COMMITTEE REVIEWS POTENTIAL CONFLICTS AND, AT ITS DISCRETION, MAY INVESTIGATE FURTHER AND IMPOSE RESTRICTIONS ON THE TRUSTEES' INVOLVEMENT IN MATTERS WHERE A CONFLICT MAY EXIST. ANY MEMBER INVOLVED IN THE POTENTIAL CONFLICT IS NOT INVOLVED IN THE DECISION PROCESS.
FORM 990, PART VI, SECTION B, LINE 15
THE CEO OF THE RUBIN MUSEUM OF ART RECEIVES NO COMPENSATION. THE PROCESS USED TO ESTABLISH COMPENSATION FOR TOP MANAGEMENT AND KEY EMPLOYEES INCLUDES REVIEW OF COMPENSATION FOR SIMILAR POSITIONS AT COMPARABLE MUSEUMS AND CHARITIES IN THE NEW YORK METROPOLITAN AREA; THE CPI FOR NYC; PERFORMANCE EVALUATIONS; AND RELATIVE PARITY WITHIN THE ORGANIZATION. THIS INFORMATION IS PRESENTED TO THE CEO BY THE COO AND CFO ON AN ANNUAL BASIS. THE COMPENSATION FOR EMPLOYEES IS THEN APPROVED BY THE CEO AND ALSO BY THE CHAIR OF THE EXECUTIVE COMMITTEE OF THE BOARD. THIS PROCESS WAS LAST UNDERTAKEN FOR SENIOR MANAGEMENT (ALL DEPARTMENT HEADS, CHIEF CURATOR, COO AND CFO) IN DECEMBER 2010.
FORM 990, PART VI, SECTION C, LINE 19
THE RUBIN MUSEUM OF ART'S FINANCIAL STATEMENTS ARE MADE PUBLIC IN ITS ANNUAL REPORT, WHICH IS ALSO POSTED ON ITS WEBSITE. THE MUSEUM'S GOVERNING DOCUMENTS AND CONFLICT OF INTEREST POLICY ARE NOT MADE AVAILABLE TO THE PUBLIC.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 5,977,888.
FORM 990, PART VI, SECTION B, LINES 13 AND 14:
RUBIN MUSEUM OF ART'S PUBLIC CHARITY STATUS WAS APPROVED BY THE INTERNAL REVENUE SERVICE IN SEPTEMBER 2011, EFFECTIVE JANUARY 1, 2006. THE MUSEUM IS NOW IN THE PROCESS OF ADOPTING WHISTLEBLOWER AND DOCUMENT RETENTION POLICIES.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.