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
THE GENTLE BARN FOUNDATION
Employer identification number
95-4776451
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.") ....
87,814
247,947
358,381
641,207
1,112,280
2,447,629
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..
87,814
247,947
358,381
641,207
1,112,280
2,447,629
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)..
598,603
6
Public Support. Subtract line 5 from line 4.
1,849,026
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..
87,814
247,947
358,381
641,207
1,112,280
2,447,629
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
2,537
71
2,608
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).
2,450,237
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
23,720
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
75.460 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
88.050 %
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
THE GENTLE BARN FOUNDATION
Employer identification number
95-4776451
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 2
OFFICERS YAEL LAKS AND JAY WEINER, FAMILY RELATIONSHIP.
FORM 990, PART VI, SECTION A, LINE 6
UNDER THE ORGANIZATION'S BYLAWS, THE ORGANIZATION HAS TWO CLASSES OF MEMBERS: VOTING AND NON-VOTING. THE VOTING MEMBERS OF THE ORGANIZATION ARE THE DIRECTORS. THERE ARE NO NON-VOTING MEMBERS. THE VOTING MEMBERS HAVE THE RIGHT TO ELECT THE DIRECTORS ANNUALLY AND APPROVE SIGNIFICANT DECISIONS OF THE BOARD OF DIRECTORS. NONE OF THE MEMBERS HAVE THE RIGHT TO SHARE IN THE ORGANIZATION'S PROFITS, EXCESS DUES, OR NET ASSETS UPON THE DISSOLUTION OF THE ORGANIZATION OR OTHERWISE.
FORM 990, PART VI, SECTION A, LINE 7A
UNDER THE ORGANIZATION'S BYLAWS, THE VOTING MEMBERS (WHO ARE THE DIRECTORS OF THE ORGANIZATION) HAVE THE RIGHT TO ELECT THE DIRECTORS ANNUALLY BUT VACANCIES ARE FILLED BY THE REMAINING DIRECTORS.
FORM 990, PART VI, SECTION A, LINE 7B
UNDER THE ORGANIZATION'S BYLAWS, THE VOTING MEMBERS (WHO ARE THE DIRECTORS OF THE ORGANIZATION) MUST APPROVE THE ELECTION OF DIRECTORS, THE DISPOSITION OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF THE ORGANIZATION, ANY MERGER AND ITS PRINCIPAL TERMS AND ANY AMENDMENT OF THOSE TERMS, ANY ELECTION TO DISSOLVE THE ORGANIZATION, ANY AMENDMENT TO THE ARTICLES OF INCORPORATION, AND THE ADOPTION, AMENDMENT OR REPEAL OF THE BYLAWS.
FORM 990, PART VI, SECTION A, LINE 8A
THE ORGANIZATION DID NOT HOLD REGULAR MEETINGS AND DOCUMENT ALL WRITTEN ACTIONS UNDERTAKEN DURING THE YEAR.
FORM 990, PART VI, SECTION A, LINE 8B
THERE ARE NO SUBCOMMITTEES THAT CAN ACT ON BEHALF OF THE BOARD.
FORM 990, PART VI, SECTION B, LINE 11
THE BOARD OF DIRECTORS IS PROVIDED A COPY OF THE RETURN FOR REVIEW PRIOR TO FILING.
FORM 990, PART VI, SECTION C, LINE 19
DOCUMENTS ARE MADE AVAILABLE UPON REQUEST.
CHANGE IN PRIOR YEAR REVENUE, EXPENSES, AND BALANCE SHEET
FORM 990, PART I, LINES 8 TO 22, PRIOR YEAR AND PART X, COLUMN A
THE PRIOR YEAR REVENUE, EXPENSES, AND BALANCE SHEET WERE ADJUSTED TO REFLECT THE ACTIVITIES OF THE ORGANIZATION THROUGH 2009. A NEW INDEPENDENT BOARD WAS ASSIGNED THIS YEAR AND ARE WORKING WITH THE CALIFORNIA ATTORNEY GENERAL. THE ORGANIZATION ENGAGED AN OUTSIDE FORENSIC ACCOUNTING FIRM TO UPDATE THE ACCOUNTING RECORDS OF THE ORGANIZATION INCLUDING THOSE RELATING TO TRANSACTIONS INVOLVING LOANS FROM OFFICERS, RENT DUE AND ACCRUED, AND DEFERRED COMPENSATION TO THE OFFICERS IN WHICH CONSIDERABLE JUDGEMENT WAS USED TO DETERMINE EXPENSE CATEGORIES FOR PAYMENTS, INCLUDING THOSE WITH INCOMPLETE OR MISSING RECORDS LOST IN A FIRE BUT PREDOMINANTLY REPLACED BY BANKING INSTITUTIONS, CREDIT CARD COMPANIES, RECORDS KEPT BY INDEPENDENT EMPLOYEES, ETC. THEY WERE THROUGHLY ANALYZED BY THE INEDEPENDENT AUDITING COMMITTEE IN ORDER TO UPDATE AND REFLECT ALL ACTIVITIES THROUGH 2009, PARTICULARLY FOR OFFICER SALARIES, RENT PAID OR ACCRUED, AND LOANS EITHER TO OR FROM THE OFFICERS.
OFFICER SALARIES
FORM 990, PART VII, SECTION A AND PART IX, LINE 5
WHILE JAY WEINER AND YAEL LAKS RECEIVED NO SALARIES DURING THE PERIOD 2004 TO 2011, THE ORGANIZATION PAID CERTAIN PERSONAL EXPENSES ON THEIR BEHALF AND PROVIDED THEM WITH CASH ADVANCES. SUCH PAYMENTS HAVE BEEN DEEMED TO BE COMPENSATION AND, IN SOME CASES, REPAYMENTS OF OFFICER LOANS. BASED ON THE WORK DONE BY THE FORENSIC ACCOUNTANTS HIRED BY THE ORGANIZATION AND THE CURRENTLY AVAILABLE INFORMATION, THE INDEPENDENT BOARD MEMBERS HAVE DETERMINED THAT, IN 2010, THE DEEMED COMPENSATION PAID TO MR. WEINER AND MS. LAKS WAS $72,477 EACH IN THE FORM OF PAYMENTS TO THIRD PARTIES FOR THEIR BENEFIT OR CASH ADVANCES TO THEM. THE ORGANIZATION IS TREATING THESE AMOUNTS AS COMPENSATION AND WILL FILE THE APPROPRIATE FORMS WITH THE GOVERNMENT. THE INDEPENDENT BOARD HAS NOT MADE ANY DECISION AT THIS TIME AS TO WHETHER THESE AMOUNTS WERE APPROVED OR REASONABLE. AN INVESTIGATION REGARDING THIS ISSUE IS ONGOING.
LOANS TO AND/OR FROM INTERESTED PARTY
FORM 990, SCHEDULE L, PART II
DURING THE COURSE OF THE ORGANIZATION'S INTERNAL INVESTIGATION, THE INDEPENDENT BOARD MEMBERS HAVE DETERMINED THAT THE ORIGINALLY FILED FORMS 990 UNDERSTATED THE AUTHORIZED LOANS MADE BY OFFICER/DIRECTOR YAEL LAKS TO THE ORGANIZATION FROM 2003 TO 2010. GIVEN THE CURRENTLY AVAILABLE EVIDENCE, THE 2012 INDEPENDENT BOARD MEMBERS HAVE DETERMINED THAT CUMULATIVE OFFICER LOANS TO THE ORGANIZATION THROUGH 2009 WERE $257,552 AND THAT ALL SUCH LOANS WERE REPAID AS OF 12/31/2009 BY VIRTUE OF EITHER CASH PAYMENTS OR PAYMENTS TO THIRD PARTIES ON BEHALF OF MS. LAKS. IN 2010, MS. LAKS LOANED THE ORGANIZATION $488 AS PAYMENTS TO THIRD PARTIES FOR THE BENEFIT OF THE ORGANIZATION, AND THE ORGANIZATION HAS REDUCED THE LOAN AMOUNT BY $488 IN THE FORM OF PAYMENTS TO THIRD PARTIES FOR THE BENEFIT OF MS. LAKS. AS OF YEAR END, THERE WAS NO AMOUNT OWED MS. LAKS. MS. LAKS DISPUTES THE LOAN AMOUNT DETERMINED BY THE INDEPENDENT BOARD MEMBERS. AN INVESTIGATION REGARDING THIS ISSUE IS ONGOING.
CONTRIBUTIONS RECEIVED
FORM 990, PART VIII, LINE 1F
THE ORGANIZATION RECEIVED $99,879 IN RESTRICTED CONTRIBUTIONS FOR THE PURPOSE OF BUILDING BARNS AND CARING FOR RESCUED COWS. THESE FUNDS WERE SPENT IN 2010. THUS, THERE WERE NO RESTRICTED NET ASSETS AT DECEMBER 31, 2010.
NUMBER OF EMPLOYEES
FORM 990, PART I, LINE 5 AND PART V, LINE 2A
IN EARLY 2012, THE ORGANIZATION BECAME AWARE THAT CERTAIN INDEPENDENT CONTRACTORS SHOULD HAVE BEEN TREATED AS EMPLOYEES FOR THE PAST 3 TO 4 YEARS. THE ORGANIZATION QUALIFIED FOR THE FEDERAL VOLUNTARY CLASSIFICATION SETTLEMENT PROGRAM TO RECLASSIFY WORKERS FROM INDEPENDENT CONTRACTORS TO EMPLOYEES ON A PROSPECTIVE BASIS BEGINNING JANUARY 1, 2012. FOR STATE PURPOSES, THE ORGANIZATION WILL NOTIFY THE EMPLOYMENT DEVELOPMENT DEPARTMENT OF THE NEED TO RECLASSIFY SEVERAL CONTRACTORS AS EMPLOYEES ON A RETROACTIVE BASIS.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.