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
JOHN F KENNEDY CENTER FOR THE PERFORMING ARTS
Employer identification number
53-0245017
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.") ....
88,765,987
103,270,727
95,568,484
112,462,590
99,493,932
499,561,720
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..
88,765,987
103,270,727
95,568,484
112,462,590
99,493,932
499,561,720
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)..
10,228,243
6
Public Support. Subtract line 5 from line 4.
489,333,477
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..
88,765,987
103,270,727
95,568,484
112,462,590
99,493,932
499,561,720
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
3,523,134
3,146,460
2,171,484
1,725,095
1,460,900
12,027,073
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
27,772
63,816
60,424
134,951
286,963
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
9,788,840
13,055,875
12,678,250
13,756,175
15,170,743
64,449,883
11
Total support (Add lines 7 through 10).
576,325,639
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
317,331,658
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
84.910 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
87.030 %
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
SCHEDULE A, PART IV, SUPPLEMENTAL INFORMATION: PART II, SECTIONS A - C: THE JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS REVISED THE PRESENTATION OF THE AMOUNTS REPORTED IN 2006 THROUGH 2009 TO CONFORM TO THE PRESENTATION IN 2010. ACCORDINGLY, THE PUBLIC SUPPORT PERCENTAGE FROM 2009 HAS BEEN REVISED. PART II, SECTION B, LINE 10: IN ALL YEARS PRESENTED, "OTHER INCOME" INCLUDES: (A) INCOME FROM FUNDRAISING EVENTS AND ACTIVITIES NOT INCLUDED IN EITHER LINE 1 OR LINE 8(A) OF FORM 990, PART VIII; (B) INCOME GENERATED FROM DONOR TRIPS; (C) GENERAL INCOME FROM THE OPERATION OF THE PARKING GARAGE; (D) INCOME FROM PATRON LOUNGES; AND, (E) GENERAL MISCELLANEOUS INCOME (E.G., REFUNDS). THE AMOUNTS REPORTED IN 2010, 2009 AND 2008 ALSO INCLUDE EXPENSE REIMBURSEMENTS FOR STAFF AND OTHER SERVICES PROVIDED TO AN AFFILIATE.
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
JOHN F KENNEDY CENTER FOR THE PERFORMING ARTS
Employer identification number
53-0245017
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 2
THE FOLLOWING INDIVIDUALS HAVE A BUSINESS RELATIONSHIP: MR. DAVID RUBENSTEIN AND MR. RAYMOND WHITEMAN, A MEMBER OF THE BOARD OF DIRECTORS OF THE NATIONAL SYMPHONY ORCHESTRA ASSOCIATION.
FORM 990, PART VI, SECTION B, LINE 11
PRIOR TO PROVIDING THE FORM 990 (RETURN) TO THE BOARD MEMBERS FOR THEIR CONSIDERATION, A DETAIL REVIEW WAS PERFORMED BY THE PRESIDENT, CHIEF FINANCIAL OFFICER, CONTROLLER, GENERAL COUNSEL, AND VARIOUS OTHER MEMBERS OF SENIOR MANAGEMENT. THE RETURN WAS ALSO REVIEWED BY AN INDEPENDENT ACCOUNTING FIRM. AFTER THE RETURN WAS FINALIZED, MANAGEMENT PROVIDED IT TO EACH BOARD MEMBER VIA EMAIL/WEBSITE PRIOR TO FILING THE RETURN WITH THE INTERNAL REVENUE SERVICE. QUESTIONS, IF ANY, WERE DIRECTED TO AND ADDRESSED BY THE BOARD'S AUDIT COMMITTEE. RESPONSES TO NOTABLE QUESTIONS WERE PROVIDED TO ALL BOARD MEMBERS FOR THEIR INFORMATION.
FORM 990, PART VI, SECTION B, LINE 12C
THE CONFLICT OF INTEREST POLICY (POLICY) APPLIES TO ALL BOARD MEMBERS, KEY AND OTHER EMPLOYEES THAT HAVE AUTHORITY TO SIGN CONTRACTS TOTALING $25,000 OR MORE AND/OR HAVE THE POWER TO INFLUENCE A TRANSACTION BETWEEN THE KENNEDY CENTER AND ANOTHER ORGANIZATION. THE POLICY COVERS TRANSACTIONS BETWEEN THE KENNEDY CENTER AND (A) BOARD MEMBERS, (B) KEY AND OTHER COVERED EMPLOYEES AS PREVIOUSLY DESCRIBED, (C) FAMILY MEMBERS OF COVERED INDIVIDUALS, AND/OR (D) AN AFFILIATED ENTITY. TO ASSIST THE KENNEDY CENTER IN IDENTIFYING POTENTIAL TRANSACTIONS, EACH COVERED INDIVIDUAL SHALL COMPLETE AND SIGN AN ANNUAL DECLARATION AND SHALL, AS NECESSARY, UPDATE THE DECLARATION TO REFLECT ANY CHANGES DURING THE COURSE OF THE YEAR. DECLARATIONS COMPLETED BY BOARD MEMBERS ARE REVIEWED BY THE BOARD'S AUDIT COMMITTEE; DECLARATIONS COMPLETED BY KEY AND OTHER COVERED EMPLOYEES ARE REVIEWED BY THE KENNEDY CENTER'S GENERAL COUNSEL. THE AUDIT COMMITTEE AND/OR GENERAL COUNSEL (AS APPLICABLE) ARE ALSO RESPONSIBLE FOR (A) REVIEWING ANY PROPOSED TRANSACTIONS TO DETERMINE IF THE TRANSACTION IS FAIR AND REASONABLE TO THE KENNEDY CENTER, (B) MAINTAINING SUCH DOCUMENTATION AS MAY BE NECESSARY AND APPROPRIATE TO DOCUMENT THE REVIEW OF THE TRANSACTION, AND (C) REPORTING TO THE BOARD ON TRANSACTIONS (WHETHER APPROVED OR NOT). THE AUDIT COMMITTEE MAY SEEK ADVICE FROM EITHER THE KENNEDY CENTER'S GENERAL COUNSEL OR FROM OUTSIDE ADVISORS; THE GENERAL COUNSEL MAY ALSO SEEK ADVICE FROM OUTSIDE ADVISORS. SUCH ADVICE WILL GENERALLY BE IN CONNECTION WITH EITHER THE REVIEW OF ANY PROPOSED TRANSACTION OR WITH THE ADMINISTRATION OF THE POLICY. WHEN A BOARD MEMBER, KEY OR OTHER COVERED EMPLOYEE BECOMES AWARE OF A PROPOSED TRANSACTION, HE OR SHE HAS THE DUTY TO IMMEDIATELY DISCLOSE THE EXISTENCE AND CIRCUMSTANCES OF THE TRANSACTION TO EITHER THE BOARD CHAIR (IF A BOARD MEMBER) OR GENERAL COUNSEL (IF A KEY OR OTHER COVERED EMPLOYEE). IF A PROPOSED TRANSACTION WERE TO INVOLVE THE BOARD CHAIR, THE EXISTENCE AND CIRCUMSTANCE OF THE TRANSACTION WOULD BE DISCLOSED TO EITHER THE AUDIT COMMITTEE OR TO THE GENERAL COUNSEL. IF A PROPOSED TRANSACTION WERE TO INVOLVE THE GENERAL COUNSEL, THE EXISTENCE AND CIRCUMSTANCE OF THE TRANSACTION WOULD BE DISCLOSED TO THE AUDIT COMMITTEE. THE AFFECTED INDIVIDUAL MUST (A) REFRAIN FROM USING HIS OR HER PERSONAL INFLUENCE TO ENCOURAGE THE KENNEDY CENTER TO ENTER INTO/NOT ENTER INTO THE TRANSACTION, AND (B) PHYSICALLY EXCUSE HIMSELF OR HERSELF FROM PARTICIPATION IN ANY DISCUSSIONS REGARDING THE TRANSACTION, EXCEPT TO RESPOND TO REQUESTS FOR INFORMATION.
FORM 990, PART VI, SECTION B, LINE 15
THE COMPENSATION OF THE ORGANIZATION'S PRESIDENT IS EVALUATED BY THE BOARD'S INDEPENDENT COMPENSATION COMMITTEE. THE COMPENSATION COMMITTEE'S CONSIDERATION OF THE PRESIDENT'S COMPENSATION INCLUDED THE REVIEW OF COMPARABILITY DATA AND THE CONTEMPORANEOUS SUBSTANTIATION OF THE DELIBERATION AND DECISION. THE COMPENSATION OF THE ORGANIZATION'S OFFICERS AND KEY EMPLOYEES IS EVALUATED BY THE BOARD'S INDEPENDENT COMPENSATION COMMITTEE. THE COMPENSATION COMMITTEE'S CONSIDERATION OF THE OFFICERS' AND KEY EMPLOYEES' COMPENSATION INCLUDED THE REVIEW OF COMPARABILITY DATA AND THE CONTEMPORANEOUS SUBSTANTIATION OF THE DELIBERATION AND DECISION.
FORM 990, PART VI, SECTION C, LINE 19
THE KENNEDY CENTER MAKES ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL INFORMATION AVAILABLE TO THE PUBLIC UPON REQUEST, IN A PORTABLE DOCUMENT FORMAT (I.E., PDF), GENERALLY VIA EMAIL.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED LOSSES ON INVESTMENTS: -1,942,708. CHANGE IN VALUE OF CHARITABLE GIFT ANNUITY SPLIT INTEREST AGREEMENTS -430,672. LOSS ON INTEREST RATE SWAP -1,938,460. OTHER NONOPERATING ACTIVITY -838,850. PENSION-RELATED CHANGES EXCLUDING NPPC -1,877,811. ADJUSTMENT FROM AFFILIATION WITH WASHINGTON NATIONAL OPERA 2,570,326. NET ASSET TRANSFER TO VSA ARTS, INC -319,463. REVERSAL OF NET CONSOLIDATING ENTRIES -794,762. TOTAL TO FORM 990, PART XI, LINE 5: -5,572,400.
OVERSIGHT OF AUDIT:
FORM 990, PART XII, LINE 2C
THERE HAVE BEEN NO CHANGES DURING THE YEAR IN THE PROCESS FOR OVERSIGHT OF THE AUDIT OF THE FINANCIAL STATEMENTS.
FISCAL YEAR:
FORM 990, PAGE 1, LINE A
KENNEDY CENTER KEEPS ITS BOOKS AND COMPUTES ITS INCOME ON THE BASIS OF A 52-53 WEEK TAX YEAR. THE 52-53 WEEK TAX YEAR ALWAYS ENDS ON SUNDAY AND ALWAYS ON THE SUNDAY NEAREST TO THE LAST CALENDAR DAY IN SEPTEMBER. THE TAX YEAR REPORTED HEREIN REPRESENTS THE PERIOD FROM OCTOBER 4, 2010, THROUGH OCTOBER 2, 2011, A 52-WEEK YEAR. UNDER SECTION 441 OF THE INTERNAL REVENUE CODE, THE KENNEDY CENTER MADE AN INITIAL ELECTION TO USE A 52-53 WEEK TAX YEAR IN ITS FORM 990 COVERING THE TAXABLE PERIOD BEGINNING OCTOBER 2, 2006, AND ENDING ON SEPTEMBER 30, 2007. WHEN THE INTERNAL REVENUE SERVICE RESPONDED TO THE KENNEDY CENTER'S REQUEST, IT NOTIFIED THE KENNEDY CENTER THAT IT CANNOT ACCEPT A 52-53 WEEK ELECTION FOR AN EXEMPT ORGANIZATION. ACCORDINGLY, AND TO ENSURE THAT THE INTERNAL REVENUE SERVICE WOULD ACCEPT THE KENNEDY CENTER'S CURRENT RETURN, THE KENNEDY CENTER CHANGED THE DATES OF ITS REPORTING PERIOD FROM THE AFOREMENTIONED DATES TO THE PERIOD OCTOBER 1, 2010, THROUGH SEPTEMBER 30, 2011.
ORGANIZATIONAL STATUS:
KENNEDY CENTER WAS ESTABLISHED BY AN ACT OF CONGRESS IN 1958 (SEE 20 U.S.C., SEC. 76H, ET. SEQ.). ACCORDINGLY, THE KENNEDY CENTER IS BOTH A TRUST INSTRUMENTALITY OF THE U.S. GOVERNMENT AND A NONPROFIT ORGANIZATION.
ESTIMATED HOURS FOR RELATED ORGANIZATIONS
FORM 990, PART VII, SECTION A, COLUMN B
NAME: POSITION: RELATED ORGANIZATION: HOURS: NORMA LEE FUNGER TRUSTEE NSOA 0.5 JAMES V. KIMSEY TRUSTEE NSOA 0.5 MICHAEL M. KAISER PRESIDENT VSA ARTS, INC. 0.3 MARIA C. KERSTEN GEN COUNSEL KCP,INC. 0.1 MARIA C. KERSTEN GEN COUNSEL KCEMT, INC. 0.1 LYNNE H. PRATT CFO NSOA 0.5 LYNNE H. PRATT CFO WASH. NAT. OPERA 0.6 LYNNE H. PRATT CFO VSA ARTS, INC. 0.5 LYNNE H. PRATT CFO KCP,INC. 0.1 DARRELL M. AYERS VP EDUCATION VSA ARTS, INC. 2.1 DAVID KITTO VP MKT/SALES KCEMT, INC. 0.1 RITA N. SHAPIRO EX. DIR, NSOA NSOA 1.0 ALL COMPENSATION IS PAID BY THE KENNEDY CENTER.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.