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
YOUTH ACTION PROGRAM AND HOMES INC
Employer identification number
13-3203701
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.") .
660,951
429,444
380,422
773,086
1,051,184
3,295,087
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......
292,906
151,299
130,064
128,968
204,821
908,058
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
0
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
0
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
6
Total. Add lines 1 through 5.
953,857
580,743
510,486
902,054
1,256,005
4,203,145
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..
8
Public Support (Subtract line 7c from line 6.)
4,203,145
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...
953,857
580,743
510,486
902,054
1,256,005
4,203,145
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
0
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
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.
0
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
19,638
80,208
62,782
17,831
42,824
223,283
13
Total support (Add lines 9, 10c, 11 and 12.).
973,495
660,951
573,268
919,885
1,298,829
4,426,428
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
94.960 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
94.200 %
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 %
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 (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
10000105
Software Version:
2010v3.2
-
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
YOUTH ACTION PROGRAM AND HOMES INC
Employer identification number
13-3203701
Identifier
Return Reference
Explanation
Form 990, Part VI, Line 19
Form 990, Part VI, Line 19: Other Organization Documents Publicly Available
AFTER APPROVAL OF THE FINANCIAL STATEMENTS BY THE BOARD OF DIRECTORS ON AN ANNUAL BASIS, THE ORGANIZATION MAKES AVAILABLE ALL GOVERNANCE DOCUMENTS, POLICY STATEMENTS, FINANCIAL STATEMENTS AND TAX RETURNS TO THE PUBLIC, UPON WRITTEN REQUEST. THE ORGANIZATION ALSO TIMELY FILES IT ANNUAL CHAR 500 REPORT WITH THE NYS ATTORNEY GENERAL AND ALL OF ITS FILINGS ARE MADE AVAILABLE THROUGH THE NYSOAG CHARITIES WEBSITE.
Form 990, Part VI, Line 11
Form 990, Part VI, Line 11: Form 990 Review Process
ON ANNUAL BASIS, The board of directors ARE REQUIRED TO approve the FEDERAL Form 990 before it IS filed, BUT AFTER IT IS REVIEWED WITH THE OUTSIDE INDEPENDENT AUDITOR/ ACCOUNTANTS.
Client Note 1 - Attention: Exempt Organization UnitYouth Action Programs and Homes Inc. (hereinafter YAPH) responded to the late filing notice dated March 7, 2011 in the amount of $ 50,000.00, in connection with the filing of the 2007 Federal Form 990 for the fiscal year-end June 30, 2007. On May 10, 2011 the IRS Exempt Organization employee, Rita A. Leete, sent Letter 3734C removing all of the penalties based upon a reasonable cause protest letter. The Letter is attached.On April 11, 2011, YAPH received Notice NUMBER CP141l CHARGING A LATE PENALTY OF $10,000 FOR THE 2008 FEDERAL FORM 990 FOR THE FISCAL YEAR-END JUNE 30, 2008. THE FACTS AND CIRCUMSTANCES SUPPORTING THE ORIGINAL PROTEST FOR REASONABLE CAUSE WERE DISCUSSED WITH THE IRS AGENT EXEMPT ORGANIZATION UNIT, MR. LUDLOW (EIN NUMBER 1000143706), WHO RECOMMENDED THAT WE INCLUDE THE PENALTY NOTICE AND THE FOLLOWING STATEMENT IN SUPPORT OF OUR REQUEST FOR ABATEMENT AND CANCELLATION OF ALL PENALTIES FOR REASONABLE CAUSE ON THE GROUNDS THAT THE PROBLEMS WERE SYSTEMIC AND CONTINUING. ON SEPTEMBER 23, 2011, THE TAXPAYER RECEIVED LTR 96C IN WHICH SHARON DAVIES, ACCOUNTS MANAGEMENT I, WROTE THAT THE INFORMATION IN SUPPORT OF THE CANCELLATION OF PENALTIES WAS REVIEWED AND NO FURTHER ACTION WAS NECESSARY BY THE TAXPAYER. WE HAVE ENCLOSED THE SEPTEMBER 23, 1011 STATEMENT FOR THE TAX PERIOD JUNE 30, 2008.STATEMENT IN SUPPORT OF CANCELLATION OF PENALTIES FOR JUST CAUSE FOR THE FISCAL YEAR END JUNE 30, 2010 Between the years 2005 and 2007, YAPH experienced a major turnover of its executive and accounting staff, including the replacement of three directors and two controllers over this period. Additionally, during this period, YAPH experienced a reduction in its overall agency budget of 50% because of the loss/non-award of two major funders - The US department of HUD YouthBuild grant ($700,000) and the NYC Department of Youth and Community Service OSY Grant ($500,000) - that necessitated the laying off of all of its unfunded administrative staff. These events severely impacted the organization's internal accounting systems and delayed the preparation of the books and records. In 2007, the Organization employed a new Executive Director who contracted with an outside consultant-bookkeeper as an independent contractor to update and prepare the books and records. The accounting books and records were prepared and updated through 2006 and the predecessor auditor succeeded in filing the overdue audits through 2006. In mid 2009, the outside consultant-bookkeeper relocated to El Salvador due to health related issues and other personal matters. The organization experienced another gap and delay in its internal accounting matters until it retained another bookkeeper-consultant as an independent contractor. This new person failed to have the requisite skills or expertise to update and complete the books and records for the fiscal periods 2007 through 2009. At the same time, the prior outside auditor was committed to an overextended workload and the organization retained Koch Group & Company, LLP to expedite the procedural process of completing audits of financial statements for the 2007-2009 June 30 fiscal year-end periods. In September 2009 YAPH officers and trustees were able to replace the second book-keeper/consultant and expedite the preparation of the organization's accounting books and records. Her responsibilities include the preparation of past-due financial statements and tax returns and to maintain the organization's accounting and compliance requirements on a continuing current basis. The organization is presently completing this process under the direction of the new controller including outside counsel and guidance provided by the outside auditors and tax professionals. Under 26 U.S.C. 1624(a) [sic, 6724(a)] "[n]o penalty shall be imposed under this part with respect to any failure, if it is shown that such failure is due to reasonable cause and not to willful neglect." Regulations issued by the IRS provide further guidance, declaring penalties will only be waived for reasonable cause if the filer establishes either "significant mitigating factors," or the failure was the result of "events beyond the filer's control." In addition to satisfying one of these two conditions, "the filer must establish that the filer acted in a responsible manner ... both before and after the failure occurred." 26 C.F.R. 301.6724-1(d). Acting in a responsible manner requires that "the filer exercised reasonable care, which is that standard of care that a reasonably prudent person would use under the circumstances in the course of its business in determining its filing obligations;" and that "the filer undertook significant steps to avoid or mitigate the failure." 26 C.F.R. 301.6724-1(d)(ii). YAPH and its Board of Directors and Trustees undertook best efforts to repair its internal accounting problems on several occasions over the period 2005 through the present. They exercised due diligence in replacing internal personnel and engaging a new CPA firm to correct all of its potential compliance deficiencies. These are clear examples of steps which should be taken to mitigate the failures and include "[a]ttempts to prevent an impediment or a failure, if it was foreseeable." Id. Whether or not the filer's actions were reasonable is an objective inquiry. See Lefcourt v. United States, 125 F.3d 79, 84 [80 AFTR 2d 97-6523] (2d. Cir.1997), cited in Great American Title Company Of Green County, Inc v. U.S., DC MO, 98 AFTR 2d 2006-5652 ). Under 26 U.S.C. 6651 and 6656, a penalty is excused and cancelled if the taxpayer can prove that the failure to timely file was not due to willful neglect, and at the same time, prove that the failure was due to a reasonable cause, United States v. Boyle, 469 U.S. 241, 245 (1985). YAPH officers and trustees intended to file its Form 990 information tax return by the approved due date, and, as soon as the corporate officers and Board members realized that the outside consultant-bookkeeper could no longerprovide timely books and records it sought professional help and assistance in correcting the problems. At all times YAPH internal clerical and executive officer personnel including the authorized members of the Board of Directors exercised a good faith attempt to expedite the filing of the tax returns. Generally, an exempt organization under IRC 501(a) is required to file an annual return under IRC 6033(a)(1), which also imposes no taxes upon the affected entity, but merely requires such organizations to disclose information to the IRS that is considered relevant to the organization's continuing qualification for exempt status. Lutheran Children & Family Service of Eastern, Pa. V. U.S., 58 AFTR 2d 86-5662 (DC-PA, 1986). YAPH has always operated in furtherance of its stated corporate purpose.Both statutory grounds and judicial case law provide authoritative guidance to the IRS to permit removal and abatement of penalties in those situations where the taxpayer demon- strates conduct and intention designed to comply with the law, or, alternatively offers evi- dence that no willful neglect took part in the late filing process. See IRC 652 ( c )(4) Moreover, the taxpayer must show a reasonable cause for the late filing, which in this case is the fact that the prior bookkeeper-consultant had experienced health related issues requiring his relocation to El Salvador. The replacement and substitute bookkeeper consultant had misrepresented her technical qualifications to expedite the procedures and process of updating accounting books and records. As soon as YAPH officers and Board of Director members were notified and apprised of these internal accounting problems, they undertook plans and strategies to correct the potential deficiencies. This constitutes tangible physical evidence that willful neglect was not the cause of the late filing. The purpose of the penalty system is to punish noncompliant behavior that is both willful and without reasonable or justifiable excuse, not to punish taxpayers who undertake best efforts to follow the rules and regulations, notwithstanding unintentional mistakes and errors by third parties, and others that are not under the full control of taxpayers. The Internal Revenue Manual provides that the administration of the penalty system should be carried out to 1) ensure consistency between similarly situated taxpayers, 2) ensure accuracy in assessing or calculating penalties under the law on a facts and circum- stances basis, 3) provide a method for the taxpayer to explain and present its position and argument, 4) allow for impartial administrative assessment and prompt reversal where the facts and circumstances warrant such relief, and, finally 5) prohibit the use of the penalty system as a leveraging hammer and negotiating weapon. See IRS policy statement P-1-18, IRM Ex. 20.1-1 (8-20-98) Lastly, the taxpayer is an exempt organization whose objective and purpose
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.