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
ACADEMY OF MUSIC OF PHILADELPHIA INC
Employer identification number
23-1501159
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)
No
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
No
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
No
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
(1)
THE PHILADELPHIA ORCHESTRA ASSOCIATION
231352289
04
Yes
Yes
Yes
472,253
Total
472,253
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.") .
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
ACADEMY OF MUSIC OF PHILADELPHIA INC
Employer identification number
23-1501159
Identifier
Return Reference
Explanation
Form 990, Page 1, Item F
Name and address of principal officer
Form 990, Part VI, Line 2 Academy of Music of Philadelphia, Inc. ("The Academy") has board members with relationships to one another as follows: Board Members, James Hovey and Richard Worley, have a business relationship.
Form 990, Part VI, Lines 6, 7A & 7B
The Academy's sole member is The Philadelphia Orchestra Association. The membership of The Philadelphia Orchestra Association shall consist of life and annual members. Life members shall be those persons who on or before September 22, 1958 paid into the Endowment Fund or any other fund established by the Association not less than the sum of Five Hundred Dollars. Annual members shall consist of those persons (individual or corporate) who from time to time shall contribute to The Philadelphia Orchestra Association not less than such amount as the Board of Directors may from time to time designate as the amount of the contribution by which a person shall become a member. A member, by virtue of a contribution of not less than the amount thus fixed, shall be a member until the adjournment of the Annual Meeting next following the close of the fiscal year of the Association to the accounts of which the contribution was applied. In all elections and at all meetings of the Association each member of record on the tenth day preceding the date of an election or of a meeting shall be entitled to one vote and to notice of the election or meeting. Voting by members shall be in person or by proxy. The Board of Directors may from time to time establish classifications of members who are members by virtue of contributing to the Association as provided for in this Article and make available to such members such special privileges as the Board may determine, depending upon the classification of membership.
Form 990, Part VI, Line 11a
The Form 990 was prepared by an international accounting firm in conjunction with the organization's financial department. A copy of the draft form 990 was circulated to the Board before it was filed.
Form 990, Part VI, Line 12c
The Academy monitors and enforces compliance by following these procedures: 1. Any interested person has a duty to disclose the transaction or arrangement; 2. The interested person presents this potential conflict of interest to the Board/Committee; 3. The Board/Committee determines whether there is a conflict of interest; 4. Board/Committee/interested person follows predetermined procedures to address the issue if one exists; 5. The above will be recorded in the minutes of the meetings of the Board/Committee. Each director, officer and member of a committee with Board-delegated powers shall annually respond to a questionnaire and sign a statement which affirms such person: a. Has received a copy of the conflict of interest policy; b. Has read and understands the policy; c. Has agreed to comply with the policy; d. Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes; and e. Provides such information as The Academy requires to prepare The Academy's annual IRS form 990. Board members were requested to complete a conflict of interest questionnaire. The request was made multiple times, however not all board members or officers responded. The Organization feels that it has made a reasonable effort to disclose existing conflicts of interest.
Form 990, Part VI, Lines 13 and 14
The Academy operates under the whistleblower and document retention policies of its related organization, Philadelphia Orchestra Association.
Form 990, Part VI, Line 15
The Academy does not have any paid employees; all compensation to officers, directors and key employees reported on Part VII of the Form 990 was paid by a related organization, the Philadelphia Orchestra Association. The process used to determine compensation for these individuals is reported on that organization's Form 990.
Form 990, Part VI, Line 19
The Academy makes its Form 990 available to the public by retaining a copy at its place of business and on its website at www.philorch.org. The Form 990 is likewise published on the internet at www.guidestar.org. The Academy's governing documents and conflict of interest policy are not ordinarily made available to the public, but, if requested, will be provided at management's discretion. The Academy's financial operations are reported in the consolidated financial statements of its parent organization, The Philadelphia Orchestra Association. These financial statements are, likewise, published annually on the organization's website.
Form 990, Part VII
Average Hours per Week The Academy shares certain employees with a related organization, The Philadelphia Orchestra Association. The full time officers spend approximately 25% of their time on the Academy. Accordingly, 10 hours per week are reported for each of the officers. Additional information for Patricia Wellenbach: Ms. Wellenbach started as the Interim Chief Restoration Fund Officer in March 2011. Form 990, Part VII reports directors that served at any time during the fiscal year; however, compensation is reported according to the calendar year ending within the fiscal year (i.e., 2010). Ms. Wellenbach did not receive compensation reported on a 2010 Form W-2 or Form 1099.
Form 990, Part IX
The salary expenses reported on Lines 7, 9 & 10 represent an allocation of salary expenditures incurred by Philadelphia Orchestra Association for employees providing services on behalf of The Academy.
Schedule G, Part II, Event #2
The Academy's principal fundraising activity is the annual Ball and Concert that takes place in January of each year. For the period covered by this Form 990, the Academy held the 154TH Anniversary Concert and Ball (represented as Event #1 on Schedule G, Part II). Once the Ball has been held, the Academy fundraising department begins work on the following years' Ball (i.e. the 155th Anniversary Concert and Ball that took place in January 2012). The Academy booked contribution revenue of $13,000 and Ticket Sales of $12,360 for the succeeding year's ball in its current year financial statements. These amounts are represented in Schedule G, Part II, Event #2). Expenditures related to this ball will be reported on the 08/31/2012 Form 990.
FORM 990, PART IV, Q 12/FORM 990, PART XII, Q 2B
AUDITED FINANCIAL STATEMENTS
SUPPLEMENTAL INFORMATION: ON APRIL 16, 2011, THE ACADEMY, ALONG WITH THE PHILADELPHIA ORCHESTRA ASSOCIATION, ITS SOLE MEMBER, FILED VOLUNTARY PETITIONS FOR RELIEF UNDER CHAPTER 11 OF THE BANKRUPTCY CODE IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA (THE "BANKRUPTCY COURT") TO IMPLEMENT A PLAN OF REORGANIZATION (THE "PLAN") DESIGNED TO STRENGTHEN GOVERNANCE PRACTICES, REDUCE PROGRAM COSTS, INSTITUTE DYNAMIC PRICING, AND FIND OPERATING EFFICIENCIES. THE PLAN IS SUBJECT TO BANKRUPTCY COURT APPROVAL. SINCE APRIL 16, 2011 THE ACADEMY HAS OPERATED AS USUAL, AND HAS NOT EXPERIENCED ANY SIGNIFICANT BUSINESS INTERRUPTION. THE PLAN AND ACCOMPANYING DISCLOSURE STATEMENT WERE FILED JOINTLY BY THE ACADEMY AND THE PHILADELPHIA ORCHESTRA ASSOCIATION ON MAY 23, 2012. THE DISCLOSURE STATEMENT WAS APPROVED BY THE BANKRUPTCY COURT ON JUNE 12, 2012 AND A CONFIRMATION HEARING FOR THE PLAN OF REORGANIZATION TOOK PLACE ON JUNE 28, 2012. A CONFIRMATION ORDER DATED JUNE 28, 2012 APPROVING THE PLAN AS FILED HAS BEEN ISSUED BY THE BANKRUPTCY COURT. THE PLAN REFLECTS STEPS THAT THE BOARD HAS ALREADY TAKEN AND EXPECTS TO TAKE TO STRENGTHEN GOVERNANCE PRACTICES AND CAPITALIZE ON THE HIGHLY EXPERIENCED MANAGEMENT TEAM AND DYNAMIC NEW ARTISTIC LEADERSHIP. SOME OF THE SIGNIFICANT ACTIONS TAKEN SINCE APRIL 16, 2011 INCLUDE: 1. MODIFICATION AND EXTENSION OF THE TRADE AGREEMENT WITH THE PHILADELPHIA MUSICIANS' UNION LOCAL 77 MEMORIALIZING SIGNIFICANT CHANGES IN WORK RULES, COMPENSATION AND MEDICAL AND PENSION BENEFITS THAT WILL ALLOW THE POA TO ACHIEVE ITS MISSION IN A SUSTAINABLE FASHION; 2. SETTLEMENT AMONG THE POA, ENCORE SERIES, INC., FINGER PRINCE, INC. AND PETER NERO RESOLVING ALL DISPUTES; AND 3. TERMINATION OF CERTAIN DEFINED BENEFIT PLANS AND WITHDRAWAL FROM THE AMERICAN FEDERATION OF MUSICIANS-EMPLOYERS' PENSION FUND. A CONFIRMATION ORDER DATED JUNE 28, 2012 APPROVING THE PLAN OF REORGANIZATION AS FILED HAS BEEN ISSUED BY THE BANKRUPTCY COURT. THE ACADEMY EXPECTS THAT, GIVEN CURRENT CIRCUMSTANCES AND IN LIGHT OF ACTIONS ALREADY TAKEN, IT WILL EMERGE FROM CHAPTER 11 BEFORE THE END OF FISCAL 2012 WITH SUFFICIENT LIQUIDITY TO CONTINUE OPERATING AS A GOING CONCERN. MANAGEMENT EXPECTS THAT THE PLAN WILL BECOME EFFECTIVE BEFORE THE END OF THE FISCAL YEAR.
FORM 990, PART XI
RECONCILIATION OF NET ASSETS
Line 5 - Other Changes in Net Assets or Fund Balances = $47,000 This change in net assets is due to the difference between endowment net assets ($19,592,000) and the value of the endowment investments ($19,545,000). The value of the endowment investments represent fair market value, however the value of the net assets includes other items, primarily a payable to the Academy from the Philadelphia Orchestra Association for alternative investment redemptions that would not be reflected in the Investment value, but would be included in the endowment net asset.
FORM 990, PART X
BALANCE SHEET
Liabilities Section: Liabilities Subject to Compromise (certain liabilities incurred before the bankruptcy filing date of April 16, 2011) are included in the Liabilities section of this form as follows: Line 17 Accounts Payable and Accrued Expenses and Line 25 Other liabilities include $17,000 and $167,000 of accounts payable and accrued benefit obligation respectively. These liabilities will be paid or discharged according to bankruptcy filing procedures by the effective date of the Plan of Reorganization.