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
MINNESOTA LANDSCAPE ARBORETUM FOUNDATION
Employer identification number
23-7081057
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.") ....
4,741,698
4,907,310
4,204,655
4,537,882
5,432,665
23,824,210
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..
4,741,698
4,907,310
4,204,655
4,537,882
5,432,665
23,824,210
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)..
939,659
6
Public Support. Subtract line 5 from line 4.
22,884,551
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..
4,741,698
4,907,310
4,204,655
4,537,882
5,432,665
23,824,210
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
140,382
85,384
27,627
231,067
109,641
594,101
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..
75,634
73,476
16,935
14,700
25,810
206,555
11
Total support (Add lines 7 through 10).
24,624,866
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
1,058,054
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
92.930 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
90.920 %
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, PART II, LINE 10, EXPLANATION OF OTHER INCOME: MISCELLANEOUS INCOME BOOK SALES MINERAL RIGHTS INCOME
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
MINNESOTA LANDSCAPE ARBORETUM FOUNDATION
Employer identification number
23-7081057
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 1
THE FOUNDATION BOARD IS AN ADVISORY BOARD TO THE ARBORETUM BUT DELEGATED FOUNDATION BUSINESS TO AN EXECUTIVE COMMITTEE AND OTHER COMMITTEES OF THE FOUNDATION AS APPROPRIATE, WHICH ALL FOLLOW THE GOVERANCE OF THE UNIVERSITY OF MINNESOTA. THE EXECUTIVE COMMITTEE CONSISTS OF THE IMMEDIATE PAST PRESIDENT, THE PRESIDENT (WHO SHALL BE THE CHAIR), THE VICE PRESIDENT(S) (IF ANY), THE DHS TRUSTEE, THE CHAIRS OF THE COMMITTEES OF THE BOARD AND SUCH OTHERS DESIGNATED BY THE BOARD. THE EXECUTIVE COMMITTEE HAS THE AUTHORITY OF THE BOARD IN THE MANAGEMENT OF THE FOUNDATION BETWEEN MEETINGS OF THE BOARD, TO THE EXTENT DESIGNATED BY THE BOARD; ADVISE THE OFFICERS ON ALL MATTERS CONCERNING THE MANAGEMENT OF THE FOUNDATION; AND UNDERTAKE SUCH OTHER DUTIES AS THE BOARD MAY SPECIFY.
FORM 990, PART VI, SECTION A, LINE 7A
THE BOARD INCLUDES THE FOLLOWING TRUSTEES: DHS TRUSTEE: ONE MEMBER OF THE BOARD SHALL BE THE HEAD OF THE DEPARTMENT OF HORTICULTURAL SCIENCE (OR SUCCESSOR UNIT) AT THE UNIVERSITY OF MINNESOTA. AUXILIARY TRUSTEE: ONE MEMBER OF THE BOARD SHALL BE ELECTED BY THE MINNESOTA LANDSCAPE ARBORETUM AUXILIARY. REGENT TRUSTEES: THE BOARD OF REGENTS OF THE UNIVERITY OF MINNESOA SHALL DESIGNATE INDIVIDUALS FOR ELECTION AS TRUSTEES SUCH THAT THE REGENT TRUSTEES, TOGETHER WITH THE DHS TRUSTEE, CONSTITUTE NO LESS THAN ONE-QUARTER OF THE TOTAL NUMBER OF TRUSTEES.
FORM 990, PART VI, SECTION B, LINE 11
THE FORM 990 IS PREPARED BY AN OUTSIDE CONSULTANT. A DRAFT OF THE FORM 990 IS PROVIDED TO THE AUDIT/FINANCE COMMITTEE WHO REVIEW THE RETURN AND RECOMMEND APPROVAL TO THE FULL BOARD. THE FORM 990 IS PROVIDED TO ALL BOARD MEMBERS FOR THEIR REVIEW PRIOR TO FILING WITH THE IRS.
FORM 990, PART VI, SECTION B, LINE 12C
THE CONFLICT OF INTEREST STATEMENT IS DIRECTED NOT ONLY TO TRUSTEES AND OFFICERS, BUT TO ALL EMPLOYEES WHO CAN INFLUENCE THE ACTIONS OF THE FOUNDATION. THOSE PERSONS SHALL EXERCISE THE UTMOST GOOD FAITH IN ALL TRANSACTIONS INVOLVED IN THEIR DUTIES, AND THEY SHALL NOT USE THEIR POSITIONS WITH THE FOUNDATION OR KNOWLEDGE GAINED THERE FROM FOR THEIR PERSONAL BENEFIT. SUCH INDIVIDUALS SHALL SCRUPULOUSLY AVOID ANY CONDUCT THAT MIGHT ADVERSELY AFFECT THE CONFIDENCE OF THE PUBLIC IN THE INTEGRITY OF THE FOUNDATION. DISCLOSURE OF ANY CONFLICT OF INTEREST AS LISTED IN THE POLICY SHOULD BE MADE TO THE CHIEF EXECUTIVE OFFICER (OR IF SHE OR HE IS THE ONE WITH THE CONFLICT, THEN TO THE BOARD CHAIR), WHO SHALL BRING THE MATTER TO THE ATTENTION OF THE BOARD OR A DULY CONSTITUTED COMMITTEE THEREOF. DISCLOSURE INVOLVING DIRECTORS SHOULD BE MADE TO THE BOARD CHAIR, (OR IF SHE OR HE IS THE ONE WITH THE CONFLICT, THEN TO THE BOARD VICE-CHAIR) WHO SHALL BRING THESE MATTERS TO THE BOARD OR A DULY CONSTITUTED COMMITTEE THEREOF. THE BOARD OR A DULY CONSTITUTED COMMITTEE THEREOF SHALL DETERMINE WHETHER A CONFLICT EXISTS AND IN THE CASE OF AN EXISTING CONFLICT, WHETHER THE CONTEMPLATED TRANSACTION MAY BE AUTHORIZED AS JUST, FAIR, AND REASONABLE TO THE FOUNDATION. THE DECISION OF THE BOARD OR A DULY CONSTITUTED COMMITTEE THEREOF ON THESE MATTERS WILL REST IN THEIR SOLE DISCRETION, AND THEIR CONCERN MUST BE THE WELFARE OF THE FOUNDATION AND THE ADVANCEMENT OF ITS PURPOSE. EACH OFFICER, TRUSTEE, COMMITTEE MEMBER OR EXECUTIVE WHO IS PRESENTLY SERVING THE FOUNDATION OR WHO MAY HEREAFTER BECOME ASSOCIATED WITH THE FOUNDATION SHALL ANNUALLY COMPLETE A CONFLICT OF INTEREST DISCLOSURE STATEMENT.
FORM 990, PART VI, SECTION C, LINE 19
THE FOUNDATION MAKES ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC UPON REQUEST.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 3,955,167. CHANGE IN VALUE OF ANNUITY TRUSTS 13,101. TOTAL TO FORM 990, PART XI, LINE 5: 3,968,268.
EXPLANATION FOR CHANGE IN PRESENTATION OF FUNCTIONAL EXPENSES
FORM 990, PART IX - STATEMENT OF FUNCTIONAL EXPENSES
FOR 2010 AND GOING FORWARD, THERE WAS A PRESENTATION CHANGE IN THE STATEMENT OF FUNCTIONAL EXPENSES. THE AMOUNT FROM THE MINNESOTA LANDSCAPE ARBORETUM FOUNDATION TO THE UNIVERSITY OF MINNESOTA WHICH WAS EXCLUSIVELY FOR THE BENEFIT OF THE MINNESOTA LANDSCAPE ARBORETUM IS NOW BEING STATED AS GRANTS AND ASSISTANCE TO ORGANIZATIONS. THE ASSISTANCE SUPPORT INCLUDES FUNDRAISING, COMMUNICATIONS, PROGRAMMING AND OPERATIONAL COSTS OF THE ARBORETUM INCLUDING STAFF SALARIES, EMPLOYEE BENEFITS, PROGRAMMING AND MAINTENANCE, SUPPLIES AND EQUIPMENT, AND PLANT MATERIAL. PROGRAM ACCOMPLISHMENTS ARE NOTED ON PART III 4A.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.