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
LINCOLN CENTER FOR THE PERFORMING ARTS INC
Employer identification number
13-1847137
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.") ....
127,474,416
123,906,141
194,983,243
146,394,337
93,567,992
686,326,129
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..
127,474,416
123,906,141
194,983,243
146,394,337
93,567,992
686,326,129
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)..
11,762,694
6
Public Support. Subtract line 5 from line 4.
674,563,435
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..
127,474,416
123,906,141
194,983,243
146,394,337
93,567,992
686,326,129
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
5,242,500
4,015,169
2,957,487
2,762,740
2,242,055
17,219,951
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..
36,943,864
38,070,936
42,737,893
8,445,633
1,188,257
127,386,583
11
Total support (Add lines 7 through 10).
830,932,663
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
150,872,063
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
81.180 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
78.670 %
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
LINCOLN CENTER FOR THE PERFORMING ARTS INC
Employer identification number
13-1847137
Identifier
Return Reference
Explanation
CHANGES IN PROGRAM SERVICES
FORM 990, PART III, LINE 3
LINCOLN CENTER'S AMBITIOUS PLAN TO TRANSFORM ITS PHYSICAL CAMPUS, MOST NOTABLY, THE TRANSFORMATION OF ALICE TULLY HALL, THE UPGRADING OF THE PUBLIC AREAS, INCLUDING THE ADDITION OF NEW GREEN SPACES, THE CREATION OF A NEW POPULAR COMMUNITY AND PERFORMANCE VENUE, AND THE REDESIGN OF LINCOLN CENTER'S MAIN ENTRANCEWAY WAS BROUGHT TO NEAR COMPLETION IN FY 2011. ALL OF THESE NEW COMPONENTS WERE PUT IN SERVICE TO RAVE REVIEWS AND AN OVERALL UPTICK IN ATTENDEES WAS EXPERIENCED. AS A RESULT, AS THE YEAR EVOLVED, CONTRIBUTIONS TAPERED OFF AS DID CONSTRUCTION RELATED EXPENSES.
FORM 990, PART VI, SECTION A, LINE 2
RICHARD S. BRADDOCK AND SUSAN S. BRADDOCK HAVE A FAMILY RELATIONSHIP.
FORM 990, PART VI, SECTION B, LINE 11
THE LINCOLN CENTER 2010 FORM 990 WAS PREPARED BY LINCOLN CENTER'S FINANCE DEPARTMENT AND REVIEWED BY ITS INDEPENDENT AUDITOR KPMG, WHO ALSO SIGNS THE RETURN AS PAID PREPARER. THE LINCOLN CENTER AUDIT COMMITTEE REVIEWS AND APPROVES THE 990 PRIOR TO ITS FILING ON BEHALF OF THE LINCOLN CENTER BOARD OF DIRECTORS. THE AUDIT COMMITTEE HAS REVIEWED AND UNANIMOUSLY APPROVED THE LINCOLN CENTER 2010 FORM 990. A COPY OF THE RETURN WAS PROVIDED TO THE FULL BOARD PRIOR TO FILING.
FORM 990, PART VI, SECTION B, LINE 12C
MEMBERS OF LINCOLN CENTER'S BOARD OF DIRECTORS AND SENIOR MANAGEMENT MAY, FROM TIME TO TIME, BE ASSOCIATED, EITHER DIRECTLY OR INDIRECTLY, WITH COMPANIES DOING BUSINESS WITH LINCOLN CENTER. FOR SENIOR MANAGEMENT, LINCOLN CENTER REQUIRES ANNUAL DISCLOSURE OF SIGNIFICANT FINANCIAL INTERESTS IN, OR EMPLOYMENT OR CONSULTING RELATIONSHIPS WITH, ENTITIES DOING BUSINESS WITH LINCOLN CENTER. WHEN SUCH RELATIONSHIPS EXIST, MEASURES ARE TAKEN TO APPROPRIATELY MANAGE THE ACTUAL OR PERCEIVED CONFLICT IN THE BEST INTERESTS OF LINCOLN CENTER, AND TO UNDERTAKE PERIODIC REVIEW OF CONTINUING SUCH RELATIONSHIPS. LINCOLN CENTER HAS A WRITTEN CONFLICT OF INTEREST POLICY THAT REQUIRES, AMONG OTHER THINGS, THAT NO MEMBER OF THE BOARD OF DIRECTORS CAN PARTICIPATE IN ANY DECISION IN WHICH HE OR SHE (OR IMMEDIATE FAMILY MEMBER) HAS A MATERIAL FINANCIAL INTEREST. EACH DIRECTOR IS REQUIRED TO CERTIFY COMPLIANCE WITH THE CONFLICT OF INTEREST POLICY ON AN ANNUAL BASIS AND INDICATE WHETHER LINCOLN CENTER DOES BUSINESS WITH AN ENTITY IN WHICH THE DIRECTOR HAS A MATERIAL FINANCIAL INTEREST. WHEN SUCH A RELATIONSHIP EXISTS, MEASURES ARE TAKEN TO MITIGATE ANY ACTUAL OR PERCEIVED CONFLICT, INCLUDING REQUIRING THAT SUCH TRANSACTIONS BE CONDUCTED AT ARM'S LENGTH, FOR GOOD AND SUFFICIENT CONSIDERATION, BASED ON TERMS THAT ARE FAIR AND REASONABLE TO AND FOR THE BENEFIT OF LINCOLN CENTER, AND IN ACCORDANCE WITH APPLICABLE CONFLICT OF INTEREST LAWS. NO SUCH ASSOCIATIONS ARE CONSIDERED TO BE SIGNIFICANT. THE TRANSACTION OR ARRANGEMENT MUST FURTHER LINCOLN CENTER'S CHARITABLE PURPOSES, AND DOES NOT RESULT IN PRIVATE INUREMENT, AN EXCESS BENEFIT TRANSACTION OR IMPERMISSIBLE PRIVATE BENEFIT UNDER LAWS APPLICABLE TO ORGANIZATIONS EXEMPT FROM FEDERAL INCOME TAX UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE.
FORM 990, PART VI, SECTION B, LINE 15
COMPENSATION FOR SENIOR MANAGEMENT IS DETERMINED ANNUALLY BY THE PRESIDENT IN CONSULTATION WITH THE CHIEF ADMINISTRATIVE OFFICER/VP HUMAN RESOURCES AND ADMINISTRATION, AND REVIEWED WITH, AND APPROVED BY THE EXECUTIVE COMMITTEE OF THE BOARD. PERIODICALLY, THE ORGANIZATION RETAINS AN INDEPENDENT COMPENSATION CONSULTANT TO PROVIDE COMPARABILITY DATA FOR SIMILARLY QUALIFIED PERSONS IN FUNCTIONALLY COMPARABLE POSITIONS AT SIMILARLY SITUATED ORGANIZATIONS. THE 990 TAX RETURNS OF SUCH ORGANIZATIONS ARE ALSO CONSIDERED. NEITHER THE PRESIDENT NOR THE CHIEF ADMINISTRATIVE OFFICER IS INVOLVED IN THEIR OWN COMPENSATION DETERMINATION PROCESS. COMPENSATION FOR THE PRESIDENT IS SET PURSUANT TO WRITTEN MULTI-YEAR AGREEMENTS. NEW COMPENSATION LEVELS AND OTHER TERMS ARE DETERMINED IN CONJUNCTION WITH THE DECISION TO EXTEND OR RENEW HIS EMPLOYMENT AGREEMENT. IN CONJUNCTION WITH SUCH DECISIONS, THE ORGANIZATION, THROUGH ITS CHAIR OF THE BOARD, ENGAGES AN INDEPENDENT COMPENSATION CONSULTANT TO PROVIDE COMPARABILITY DATA FOR SIMILARLY QUALIFIED PERSONS IN FUNCTIONALLY COMPARABLE POSITIONS AT SIMILARLY SITUATED ORGANIZATIONS. THE 990 TAX RETURNS OF SUCH ORGANIZATIONS ARE ALSO CONSIDERED. THE EXECUTIVE COMMITTEE OF THE BOARD SITS AS A COMPENSATION COMMITTEE (THE "AUTHORIZED BODY") AT SUCH INTERVALS AND ITS DELIBERATIONS, DECISIONS AND APPROVAL REGARDING COMPENSATION ARE RECORDED IN CONFIDENTIAL MINUTES TAKEN BY THE CHAIRMAN. NEITHER THE PRESIDENT NOR ANY MEMBER OF MANAGEMENT IS PRESENT AT SUCH MEETINGS, WHICH ARE HELD IN EXECUTIVE SESSION. ALL PARTICIPATING MEMBERS OF THE COMPENSATION COMMITTEE ARE INDEPENDENT UNDER THE ORGANIZATION'S CONFLICT OF INTEREST POLICY. LINCOLN CENTER COMPLIES WITH THE "REBUTTABLE PRESUMPTION" PROCEDURES FOR DETERMINING THAT COMPENSATION IS REASONABLE UNDER INTERNAL REVENUE CODE SECTION 4958.
FORM 990, PART VI, SECTION C, LINE 19
LINCOLN CENTER MAKES ITS ANNUAL FINANCIAL STATEMENTS AND 990 AVAILABLE VIA THE ORGANIZATION'S WEBSITE. OTHER GOVERNING DOCUMENTS ARE AVAILABLE UPON REQUEST.
FORM 990, PART VII, SECTION A
THE DIRECTORS LISTED BELOW HAVE WORKED SEVERAL HOURS PER WEEK FOR LINCOLN CENTER DEVELOPMENT PROJECT, INC. A RELATED TAX-EXEMPT ORGANIZATION. DINYAR DEVITRE: 2 HOURS PER WEEK BART FRIEDMAN: 2 HOURS PER WEEK PETER MALKIN: 2 HOURS PER WEEK PHILIP MILSTEIN: 2 HOURS PER WEEK
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 31,382,538.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.