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
New York City Opera Inc
Employer identification number
13-2974347
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.") .
20,416,000
15,732,000
13,958,000
13,928,740
17,039,960
81,074,700
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......
14,731,000
13,060,000
1,897,000
8,514,077
7,518,950
45,721,027
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.
35,147,000
28,792,000
15,855,000
22,442,817
24,558,910
126,795,727
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
3,557,758
3,801,228
5,513,500
3,427,522
8,330,372
24,630,380
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..
3,557,758
3,801,228
5,513,500
3,427,522
8,330,372
24,630,380
8
Public Support (Subtract line 7c from line 6.)
102,165,347
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...
35,147,000
28,792,000
15,855,000
22,442,817
24,558,910
126,795,727
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
7,677,000
4,098,000
198,000
276,275
168,281
12,417,556
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
7,677,000
4,098,000
198,000
276,275
168,281
12,417,556
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
-9,000
-9,000
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.).
42,824,000
32,890,000
16,044,000
22,719,092
24,727,191
139,204,283
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
73.392 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
75.160 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
8.920 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
11.981 %
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
New York City Opera Inc
Employer identification number
13-2974347
Identifier
Return Reference
Explanation
BUSINESS RELATIONSHIPS
FORM 990, PART VI, SECTION A, LINE 2
DIRECTOR MARY SHARP CRONSON IS THE MOTHER-IN-LAW OF DIRECTOR CAROLINE CRONSON. DIRECTORS CHARLES PETSCHEK AND MICHAEL GELLERT ARE DISTANT COUSINS. DIRECTOR JAMES MARLAS IS THE PRIMARY SHAREHOLDER OF SANDY ALEXANDER, INC., A PRINTING COMPANY THAT PROVIDES IN-KIND PRINTING SERVICES TO THE ORGANIZATION.
BYLAWS
FORM 990, PART VI, SECTION A, LINE 4
IN FISCAL YEAR 2011,THE FOLLOWING CHANGES WERE MADE TO THE BYLAWS OF NEW YORK CITY OPERA, INC,: THE CITY CENTER OF MUSIC AND DRAMA, INC. WAS REMOVED AS THE SOLE MEMBER OF THE CORPORATION, AND IT WAS DECREED THAT THE CORPORATION SHALL NOT HAVE MEMBERS; THE TITLES AND ROLES OF THE OFFICERS OF THE CORPORATION - CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL OFFICER, AND SECRETARY - WERE TRANSFERRED TO COMPENSATED EMPLOYEES OF THE CORPORATION, HAVING PREVIOUSLY BEEN HELD BY MEMBERS OF THE BOARD OF DIRECTORS; AND THE POSITION OF HONORARY DIRECTOR WAS REMOVED.
REVIEW OF FORM 990
FORM 990, PART VI, SECTION B, LINE 11
THE FORM 990 IS REVIEWED BY MANAGEMENT BEFORE DISTRIBUTION TO THE AUDIT COMMITTEE FOR REVIEW AND APPROVAL. UPON APPROVAL BY THE AUDIT COMMITTEE, THE FORM 990 IS SUBMITTED TO THE BOARD OF DIRECTORS.
CONFLICT OF INTEREST
FORM 990, PART VI, SECTION B, LINE 12C
THE CONFLICT OF INTEREST POLICY IS DISTRIBUTED ANNUALLY TO THE BOARD OF DIRECTORS AT WHICH TIME EACH MEMBER IS REQUIRED TO REVIEW THE PROCEDURE AND SIGN THE ATTACHED CONFLICT OF INTEREST STATEMENT IN WHICH THEY MUST ACKNOWLEDGE AND SET FORTH ANY EXCEPTIONS TO THE POLICY. THE POLICY AND ACKNOWLEDGED CONFLICTS ARE REGULARLY AND CONSISTENTLY MONITORED BY THE AUDIT COMMITTEE. THE COMMITTEE WILL BRING TO THE BOARD FOR DISCUSSION ANY MATTERS THAT ARISE FROM THESE ACTIVITES.
COMPENSATION PRACTICES
FORM 990, PART VI, SECTION B, LINE 15A
COMPENSATION OF THE GENERAL MANAGER AND ARTISTIC DIRECTOR IS DETERMINED, REVIEWED AND APPROVED BY A BOARD-DESIGNATED COMMITTEE COMPRISED OF VOTING BOARD MEMBERS WHO DO NOT POSSESS A CONFLICT OF INTEREST WITH RESPECT TO THE EMPLOYMENT ARRANGEMENT. COMPENSATION IS DETERMINED BASED ON CONSIDERATION OF COMPARATIVE DATA FROM SIMILARLY STRUCTURED ORGANIZATIONS AND BUDGETARY ANALYSIS. THE COMMITTEE PROVIDES A RECOMMENDATION TO THE BOARD FOR APPROVAL.
COMPENSATION PRACTICES
FORM 990, PART VI, SECTION B, LINE 15B
COMPENSATION FOR THE ORGANIZATION'S OFFICERS AND KEY EMPLOYEES IS DETERMINED BY THE GENERAL MANAGER AND ARTISTIC DIRECTOR. COMPENSATION IS DETERMINED BASED ON CONSIDERATION OF COMPARATIVE DATA FROM SIMILARLY STRUCTURED ORGANIZATIONS AND BUDGETARY ANALYSIS.
FORM 8868
EXTENSION OF TIME TO FILE FOR AN EXEMPT CORPORATION
CITY OPERA'S APPLICATIONS FOR EXTENSIONS OF TIME TO FILE FOR AN EXEMPT ORGANZATION, FORMS 8868, WERE PAPER FILED.
IRS FILINGS AND TAX COMPLIANCE
PART V, LINE 2A
FOR THE YEAR ENDED JUNE 30, 2011 THE EMPLOYEES OF NEW YORK CITY OPERA, INC. ("CITY OPERA")WERE REPORTED AND PAID UNDER THE EMPLOYER IDENTIFICATION NUMBER OF CITY CENTER MUSIC AND DRAMA ("CCMD"). CCMD ADMINISTERED THE PAYROLL PROCESS ON CITY OPERA'S BEHALF AND CITY OPERA REIMBURSED CCMD FOR ALL COMPENSATION PAID. COMPENSATED OFFICERS, KEY EMPLOYEES AND HIGHLY COMPENSATED EMPLOYEES HAVE BEEN INCLUDED ON SCHEDULE J FOR REPORTING PURPOSES. CCMD ALSO PROVIDED SERVICES TO CITY OPERA IN CONNECTION WITH ITS OPERATION AND MANAGEMENT OF THE DAVID H. KOCH THEATER AND OTHER ADMINISTRATION AND ACCOUNTING SERVICES PROVIDED TO CITY OPERA UNDER A MANAGEMENT AND SERVICE AGREEMENT. CITY OPERA HAD A COMMON PAY MASTER WITH CCMD. THE RELATIONSHIP WAS TERMINATED ON SEPTEMBER 3OTH.
PUBLIC INSPECTION
FORM 990 PART VI, SECTION C LINE 19
THE FINANCIAL STATEMENTS, FORM 990 AND FORM 1023 ARE AVAILABLE UPON REQUEST.
RECONCILIATION OF NET ASSETS
FORM 990, PART XI, LINE 5
OTHER CHANGES IN NET ASSETS: CHANGE IN POST-RETIREMENT BENEFITS $ 1,426,082 UNREALIZED GAINS/LOSS 77,961 ------------- $ 1,504,043 =============
SIGNIFICANT PROGRAM SERVICES
PART III, LINE 2
The 2010-2011 season marked the launch of a new concert series that showcased the diverse music of the season's composers. Guests at the Fall Gala enjoyed An Evening with Christine Brewer, starring one of America's foremost Wagnerian sopranos, singing excerpts from Wagner's Tristan and Isolde, Puccini's Turandot, and popular American songs by Arlen, Gershwin, and Kern. Fall concert-goers also enjoyed two nights of music at Lucky to Be Me: the Vocal Music of Leonard Bernstein. Featuring Broadway favorites like Victoria Clark, Donna Murphy, Cheyenne Jackson, and Michael Cerveris, the concert featured selections from the Kaddish Symphony, Mass, Songfest, Wonderful Town, 1600 Pennsylvania Avenue, On the Town, and West Side Story, among others. Additionally, Late Night with LB-two cabaret performances of Bernstein's work-took place at the Stanley H. Kaplan Penthouse. In the spring, the concert series continued with The Musical Worlds of John Zorn, featuring the experimental music master with avant-garde innovators including Marc Ribot, Dave Douglas, Uri Caine, and Sylvie Courvoisier. Spring Gala guests were entertained by "Defying Gravity": The Music of Stephen Schwartz, a salute to the composer sung by Anne Hampton Calloway, Kristin Chenoweth, Raul Esparza, Lauren Flanigan, and Victor Garber. To close the 2011-2012 season, NYC Opera presented the free concert Rufus Wainwright Goes to the Opera! at the World Financial Center's Winter Garden during the River to River Festival on June 28, 2010 for an audience of more than 2,500. All totaled, New York City Opera's new concert series served an audience of more than 13,000.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.