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
THE VIVIAN BEAUMONT THEATER INC
Employer identification number
13-3004747
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.") ....
12,410,052
15,334,264
17,359,064
32,946,376
18,943,815
96,993,571
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..
12,410,052
15,334,264
17,359,064
32,946,376
18,943,815
96,993,571
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)..
10,502,148
6
Public Support. Subtract line 5 from line 4.
86,491,423
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..
12,410,052
15,334,264
17,359,064
32,946,376
18,943,815
96,993,571
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
2,796,813
2,967,454
2,382,438
1,634,779
1,761,143
11,542,627
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
40,628
40,628
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
105,680
572,137
712,114
618,650
12,721
2,021,302
11
Total support (Add lines 7 through 10).
110,598,128
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
144,727,482
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
78.200 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
76.540 %
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 (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
THE VIVIAN BEAUMONT THEATER INC
Employer identification number
13-3004747
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 1
THE EXECUTIVE COMMITTEE, ELECTED ANNUALLY BY THE BOARD OF DIRECTORS AND CONSISTING OF MEMBERS OF THE BOARD OF DIRECTORS, USUALLY THE OFFICERS OF THE BOARD AND SEVERAL OTHER DIRECTORS, HAS THE AUTHORITY TO EXERCISE ALL THE POWERS OF THE BOARD IN THE MANAGEMENT OF THE AFFAIRS, PROPERTY, AND BUSINESS OF THE ORGANIZATION AS PROVIDED BY ITS BY-LAWS, EXCEPT THE FILLING OF VACANCIES IN THE BOARD OR ANY COMMITTEE, THE FIXING OF COMPENSATION OF DIRECTORS FOR SERVING ON THE BOARD, THE AMENDMENT OR REPEAL OF THE BY-LAWS, THE ADOPTION OF NEW BY-LAWS, OR THE AMENDMENT OR REPEAL OF ANY RESOLUTION OF THE BOARD THAT BY ITS TERMS SHALL NOT BE SO AMENDABLE OR REPEALABLE.
FORM 990, PART VI, SECTION B, LINE 11
FORM 990 IS PREPARED BY THE ORGANIZATION'S INDEPENDENT ACCOUNTANTS, AND IS REVIEWED BY THE DIRECTOR OF FINANCE AND THE AUDIT COMMITTEE OF BOARD OF DIRECTORS PRIOR TO FILING.
FORM 990, PART VI, SECTION B, LINE 12C
CONFLICT OF INTEREST POLICY COVERS BOARD OF DIRECTORS. DETERMINATION OF WHETHER A CONFLICT EXISTS AND THE REVIEW OF ACTUAL CONFLICTS IS MADE AT THE BOARD COMMITTEE LEVEL, FIRST BY THE BOARD'S AUDIT COMMITTEE, WITH DECISIONS OF THE AUDIT COMMITTEE REPORTED TO AND RATIFIED BY THE EXECUTIVE COMMITTEE. ANY PERSON WITH A POTENTIAL CONFLICT IS PROHIBITED FROM PARTICIPATING IN ANY DELIBERATIONS OR DECISION IN THE TRANSACTION.
FORM 990, PART VI, SECTION B, LINE 15
THE COMPENSATION OF THE EXECUTIVE PRODUCER AND THE ARTISTIC DIRECTOR OF THE ORGANIZATION IS DETERMINED BY AN EXECUTIVE COMPENSATION COMMITTEE, COMPRISED OF INDEPENDENT MEMBERS OF THE BOARD OF DIRECTORS, ACTING WITH THE ASSISTANCE AND ADVICE OF AN EXECUTIVE COMPENSATION CONSULTANT. THE COMPENSATION CONSULTANT USES COMPARATIVE DATA FOR EQUIVALENT POSITIONS IN OTHER ORGANIZATIONS, TAKING INTO ACCOUNT THE RESPONSIBILITIES OF EACH OFFICE AND THE QUALIFICATIONS OF THE PERSON HOLDING IT, TO RENDER A REPORT WITH OPINION AND RECOMMENDATIONS TO THE EXECUTIVE COMPENSATION COMMITTEE. THE DELIBERATIONS OF THE EXECUTIVE COMPENSATION COMMITTEE ARE MONITORED AND SUBSTANTIATED BY THE COMPENSATION CONSULTANT. THE COMMITTEE'S DECISIONS ARE REPORTED TO AND RATIFIED BY FULL BOARD OF DIRECTORS AND THEREBY DOCUMENTED IN THE MINUTES OF THE BOARD. THIS PROCESS WAS LAST UNDERTAKEN IN 2010, UPON THE EXPIRATION AND RENEWAL OF THE MULTI-YEAR CONTRACTS OF THE EXECUTIVE PRODUCER AND ARTISTIC DIRECTOR.
FORM 990, PART VI, SECTION C, LINE 19
GOVERNING DOCUMENTS AND POLICIES AVAILABLE UPON WRITTEN OR E-MAIL REQUEST, IN PAPER OR ELECTRONIC FORM. FINANCIAL STATEMENTS AVAILABLE IN PAPER OR ELECTRONIC FORM, AS PART OF STATE CHARITIES REGISTRATION REPORT, BY WRITTEN OR E-MAIL REQUEST TO THE ORGANIZATION OR TO THE STATE CHARITIES REGISTRATION BUREAU. LATEST AUDITED FINANCIAL STATEMENTS ARE ALSO POSTED ONLINE ON THE ORGANIZATION'S OWN WEBSITE (WWW.LCT.ORG).
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 12,371,126.
IDENTIFICATION OF RELATED ORGANIZATIONS TAXABLE AS A PARTNERSHIP:
FORM 990, SCHEDULE R, PART III
IN CONNECTION WITH CERTAIN THEATRICAL PRODUCTIONS IN FURTHERANCE OF ITS TAX-EXEMPT PURPOSE, THE ORGANIZATION RECEIVED NON-RECOURSE LOANS FROM OTHER PARTIES. THE TERMS OF THESE LOAN AGREEMENTS REQUIRE THE RESPECTIVE THEATRICAL PRODUCTIONS TO BE REPORTED AS JOINT VENTURES (SEE SCHEDULE R). WITH RESPECT TO THESE PRODUCTIONS, THE ORGANIZATION MAINTAINED CONTROL OVER THE CONDUCT OF ALL PRODUCTION ACTIVITIES, AND ENSURED THAT THE NECESSARY STEPS WERE TAKEN TO SAFEGUARD ITS EXEMPT STATUS.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.