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
2011
Open to Public Inspection
Name of the organization
OLD WESTBURY GARDENS INC
Employer identification number
11-1902968
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
6,315,119
2,891,012
2,485,542
2,553,351
2,572,606
16,817,630
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..
6,315,119
2,891,012
2,485,542
2,553,351
2,572,606
16,817,630
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)..
8,157,303
6
Public Support. Subtract line 5 from line 4.
8,660,327
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
7
Amounts from line 4..
6,315,119
2,891,012
2,485,542
2,553,351
2,572,606
16,817,630
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
213,659
248,220
150,281
265,797
228,025
1,105,982
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..
9,749
27,620
35,922
34,049
13,992
121,332
11
Total support (Add lines 7 through 10).
18,044,944
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
4,548,067
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
47.990 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
49.170 %
16a
33 1/3% support test—2011.
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—2010.
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—2011.
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—2010.
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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 2011 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2010 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2011 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2010 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2011.
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—2010.
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2011
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
2011
Open to Public Inspection
Name of the organization
OLD WESTBURY GARDENS INC
Employer identification number
11-1902968
Identifier
Return Reference
Explanation
FIRST ACCOMPLISHMENT DESCRIPTION
FORM 990, PAGE 2, PART III, LINE 4A
GARDENS AND HOUSE MAINTENANCE: THE HORTICULTURE DEPARTMENT HAS THE RESPONSIBILITY OF CULTIVATING, MAINTAINING AND DEVELOPING THE HIGH STANDARDS OF THE GREEN ARCHITECTURE OF OLD WESTBURY GARDENS. VISITORS TO OLD WESTBURY GARDENS COME TO EXPERIENCE THE ELEGANCE OF THE PAST, AND TO BE ENRICHED BY THE BEAUTY OF THE PRESENT. THE JOY OF EXPERIENCING OLD WESTBURY GARDENS OVER AND OVER AGAIN IS REALIZED BY THE EVER-CHANGING SEASONAL GARDENS MAINTAINED BY OUR DEDICATED HORTICULTURE STAFF. THE MAINTENANCE AND OPERATIONS DEPARTMENT HAS THE RESPONSIBILITY OF OVERSEEING THE DAILY MAINTENANCE AND REPAIRS OF THE BUILDINGS, EQUIPMENT AND GROUNDS OF OLD WESTBURY GARDENS. IT PREPARES THE ANNUAL BUDGET FOR MAINTENANCE AND REPAIRS, AND MONITORS ONGOING EXPENSES AND PROJECT DEVELOPMENT. IN COORDINATION WITH THE PRESERVATION COMMITTEE AND THE DIRECTOR OF PRESERVATION, THE MAINTENANCE AND OPERATIONS DEPARTMENT DEVELOPS THE PLANS AND BUDGETS FOR THE CAPITAL REPAIRS AND IMPROVEMENTS, AND THE PRESERVATION PROJECTS OF OLD WESTBURY GARDENS.
SECOND ACCOMPLISHMENT DESCRIPTION
FORM 990, PAGE 2, PART III, LINE 4B
THE VISITOR SERVICES DEPARTMENT IS ALSO RESPONSIBLE FOR THE PUBLIC AND EDUCATIONAL PROGRAMS, GROUP TOURS AND VOLUNTEER SUPPORT. VISITOR SERVICES IS ALSO RESPONSIBLE FOR THE CONTRACTING AND LOGISTICS OF THE PICNIC POPS, BROADWAY SHOW, NORTH SHORE POPS, SCOTTISH GAMES, ANTIQUE AUTO SHOW, PORSCHE AND BMW SHOWS, MOZART FESTIVAL AND THE ART EXHIBITION. VISITOR SERVICES FURTHER MANAGES THE WEDDING AND COMMERCIAL PHOTOGRAPHY, THE GIFT SHOP, AND OVERSEES THE CAFE IN THE WOODS.
RELATED PARTY INFORMATION AMONG OFFICERS
FORM 990, PAGE 6, PART VI, LINE 2
MRS. IRENE GACHOT MR. RICHARD GACHOT TRUSTEE TRUSTEE MARRIED MRS. DITA NAYLOR-LEYLAND MRS. DITA AMORY NICKSON TRUSTEE TRUSTEE MOTHER/DAUGHTER
ORGANIZATION'S PROCESS USED TO REVIEW FORM 990
FORM 990, PAGE 6, PART VI, LINE 11B
THE FORM 990 IS REVIEWED AND APPROVED BY THE PRESIDENT/CEO, THE DIRECTOR OF FINANCE, AND MEMBERS OF THE FINANCE AND AUDIT COMMITTEE. FOLLOWING REVIEW, REVISION AND APPROVAL BY THE FINANCE AND AUDIT COMMITTEE, A COPY OF THE FORM 990 IS PRESENTED TO THE BOARD PRIOR TO FILING.
ENFORCEMENT OF CONFLICTS POLICY
FORM 990, PAGE 6, PART VI, LINE 12C
COMPLIANCE WITH THE CONFLICT OF INTEREST POLICY IS MONITORED VIA ANNUAL INTERVIEWS WITH OFFICERS, DIRECTORS OR TRUSTEES, AND KEY EMPLOYEES. IF A CONFLICT OF INTEREST ARISES, BOARD MEMBERS MUST ABSTAIN FROM VOTING ON THE MATTER.
COMPENSATION PROCESS FOR TOP OFFICIAL
FORM 990, PAGE 6, PART VI, LINE 15A
COMPENSATION FOR THE PRESIDENT/CEO, OLD WESTBURY'S TOP MANAGEMENT OFFICIAL, IS REVIEWED AND APPROVED BY THE BOARD OF TRUSTEES VIA AN INTERNAL SUBCOMMITTEE ON A REGULAR BASIS. NO PERSONS WITH A CONFLICT OF INTEREST WITH RESPECT TO THE COMPENSATION ARRANGEMENT ARE INVOLVED IN SUCH DELIBERATIONS. UPON INITIAL HIRE, AND THEREAFTER WHEN A PROPOSED COMPENSATION CHANGE AMOUNTS TO MORE THAN A STAFF WIDE COST OF LIVING INCREASE, THE SUBCOMMITTEE REVIEWS COMPARABLE COMPENSATION DATA FOR SIMILARLY QUALIFIED PERSONS IN FUNCTIONALLY COMPARABLE POSITIONS AT SIMILARLY SITUATED ORGANIZATIONS. SUCH DATA IS GATHERED FROM FORM 990'S OF OTHER ORGANIZATIONS, COMPENSATION STUDIES, INDEPENDENT COMPENSATION CONSULTANTS, OR SOME COMBINATION THEREOF, AND IS USED AS A BASIS FOR DETERMINING REASONABLENESS OF COMPENSATION AND BENEFITS OFFERED. THE SUBCOMMITTEE DOCUMENTS ITS DELIBERATION PROCESS AND DECISIONS, AND RETAINS COPIES OF THE COMPARABLE COMPENSATION DATA USED. PROPOSED AMENDMENTS TO, OR SUGGESTIONS REGARDING, THE COMPENSATION ARRANGEMENT BEING REVIEWED ARE BROUGHT BEFORE THE BOARD OF TRUSTEES VIA THE ANNUAL BUDGET. THE BOARD DOCUMENTS IN THE MINUTES THEIR FINAL APPROVAL OF THE COMPENSATION BY A MAJORITY VOTE OF ACCEPTANCE ON THE ANNUAL BUDGET.
COMPENSATION PROCESS FOR OFFICERS
FORM 990, PAGE 6, PART VI, LINE 15B
COMPENSATION FOR OTHER OFFICERS OR KEY EMPLOYEES OF THE ORGANIZATION ARE ALSO PRESENTED BEFORE THE BOARD AND APPROVED BY MAJORITY VOTE.
GOVERNING DOCUMENTS DISCLOSURE EXPLANATION
FORM 990, PAGE 6, PART VI, LINE 19
GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS ARE MADE AVAILABLE TO THE PUBLIC UPON REQUEST.
OTHER CHANGES IN NET ASSETS EXPLANATION
FORM 990, PART XI, LINE 5
GAIN ON BENEFICIAL INTEREST IN TRUST 58,409 NET UNREALIZED LOSS ON INVESTMENTS -744,049 PROJECTED LOSS ON FUTURE SALE OF PRIVATELY-HELD INVESTMENT WITHIN THE TRUST -6,469,840 TOTAL OTHER CHANGES IN NET ASSETS -7,155,480
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.