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
Kansas Athletics Incorporated
Employer identification number
48-6033929
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
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.") ....
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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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—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.") .
38,094,979
33,846,846
14,353,549
17,787,806
22,446,377
126,529,557
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......
29,718,951
35,247,587
36,426,097
36,668,069
34,759,263
172,819,967
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..
1,449,524
1,976,277
1,832,971
1,582,429
1,440,893
8,282,094
6
Total. Add lines 1 through 5.
69,263,454
71,070,710
52,612,617
56,038,304
58,646,533
307,631,618
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
3,543,777
5,277,310
936,866
2,213,746
2,332,826
14,304,525
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.
7,585,428
8,620,016
11,493,644
12,398,225
13,351,512
53,448,825
c
Add lines 7a and 7b..
11,129,205
13,897,326
12,430,510
14,611,971
15,684,338
67,753,350
8
Public Support (Subtract line 7c from line 6.)
239,878,268
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...
69,263,454
71,070,710
52,612,617
56,038,304
58,646,533
307,631,618
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
12,958,644
11,406,940
12,254,992
11,504,066
10,612,447
58,737,089
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
12,958,644
11,406,940
12,254,992
11,504,066
10,612,447
58,737,089
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.)
1,350,540
2,699,951
2,074,974
2,395,330
2,076,256
10,597,051
13
Total support (Add lines 9, 10c, 11 and 12.).
83,572,638
85,177,601
66,942,583
69,937,700
71,335,236
376,965,758
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
63.634 %
16
Public support percentage from 2010 Schedule A, Part III, line 15
...............
16
63.603 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2011 (line 10c column (f) divided by line 13 column (f))
......
17
15.582 %
18
Investment income percentage from 2010 Schedule A, Part III, line 17
.............
18
16.005 %
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
Kansas Athletics Incorporated
Employer identification number
48-6033929
Identifier
Return Reference
Explanation
MISSION STATEMENT
FORM 990, PART III, LINE 1
Kansas Athletics operates intercollegiate athletic teams composed of students at the University of Kansas and schedules and manages intercollegiate athletic contests, all in harmony with and subject to the general educational policies of the University of Kansas and the Constitution of the National Collegiate Athletic Association. It provides scholarship opportunities, athletic training, student academic support services, strength and conditioning training, and athletic facilities for the student-athletes at the University.
FAMILY RELATIONSHIP AND BUSINESS RELATIONSHIP
FORM 990, PART VI, SECTION A, LINE 2
Sheahon Zenger, Bernadette Gray-Little, Theresa Gordzica, Jeffrey Vitter, Marlessa Rooney, Danny Anderson, and Tammara Durham are or were all key employees of KU and on KAI Board.
MEMBERS
FORM 990, PART VI, SECTION A, LINE 7A
The Chancellor of the University of Kansas has the right to appoint 1 Director and the Provost of the University of Kansas, Lawrence campus has the right to appoint 1 Director.
DECISIONS OF GOVERNING BODY SUBJECT TO APPROVAL
FORM 990, PART VI, SECTION A, LINE 7B
The Chancellor of the University of Kansas has ultimate responsibility and final authority for the conduct and administration of all aspects of the athletics program and the Chancellor may cause the corporation to proceed as he or she determines to be in the best interest of the athletics program and the University, notwithstanding decisions made by the Board of Directors.
FORM 990 REVIEW
FORM 990, PART VI, SECTION B, LINE 11B
An independent accounting firm prepares and reviews the 990. The 990 is then reviewed by the organization's officers and accounting personnel. Any questions or concerns the organization's officers and accounting personnel have are addressed and any corrections or clarifications that need to be made are made. The 990 is then provided to the AUDIT committee of the Board for their review prior to filing the 990. Any questions or concerns the AUDIT committee have are addressed and any corrections or clarifications that need to be made are made. The final form 990 with all required schedules is then provided to all voting members of the board prior to filing the 990.
CONFLICT OF INTEREST POLICY
FORM 990, PART VI, SECTION B, LINE 12C
Board of Directors, Officers, and key employees annually complete conflict of interest questionnaires. Questionnaires are reviewed by legal counsel and are brought to the Board of Directors for review should any conflicts be identified. Restrictions that have been imposed by the Board have included limitations on discussions and votes concerning financial matters of the department in which the conflict has been identified and such actions are noted in the Board minutes. In addition, Directors, Officers, and Key Employees are required to immediately disclose any possible conflicts of interest that arise throughout the year.
COMPENSATION REVIEW
FORM 990, PART VI, SECTION B, LINES 15A & 15B
The Compensation Committee, consisting of four members of the Board of Directors, meets annually to review/approve the annual salary of all officers, key employees, and other disqualified individuals, plus other meetings as needed throughout the year to address any mid-year salary adjustments, new contracts for selected head coaches, and other matters. The committee met two times during the year ended 6/30/2012. No member of the committee participates in the discussion of his/her own salary.
AVAILABILITY OF DOCUMENTS
FORM 990, PART VI, SECTION C, LINE 19
THE ORGANIZATION'S GOVERNING DOCUMENTS AND CONFLICT OF INTEREST POLICY ARE AVAILABLE UPON REQUEST, AND ITS FINANCIAL STATEMENTS ARE POSTED ON ITS WEBSITE.
INDEPENDENT CONTRACTORS
FORM 990, PART VII, SECTION B, LINE 1
Services provided to the organization by the University of Kansas include facilities, technology, parking, and other administrative services.
CHANGE IN OVERSIGHT OR SELECTION PROCESS
FORM 990, PART XI, LINE 2C
THE ORGANIZATION HAS AN AUDIT COMMITTEE THAT HANDLES THE OVERSIGHT OF THE AUDIT.
SEVERANCE COSTS
FORM 990, PART I & PART IX
The organization's operating expenses and operating loss for the year ended 6/30/2012 included approximately $8 million in severance costs related to football coaching transition.
NEGATIVE NET ASSETS
FORM 990, PART I, LINE 22 & PART X
THE ORGANIZATION'S BALANCE SHEET REFLECTS LIABILITIES IN EXCESS OF ASSETS BY APPROXIMATELY $4.8 MILLION. THIS $4.8 MILLION IN NEGATIVE NET ASSETS, WHILE RECORDED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, IS NOT A RESULT OF CUMULATIVE OPERATING LOSSES, NOR DOES IT INDICATE AN INABILITY OF THE ORGANIZATION TO MEET ITS OBLIGATIONS. AS REQUIRED BY STATE LAW, THE ORGANIZATION OVER THE PAST 10 YEARS HAS TRANSFERRED APPROXIMATELY $131.2 MILLION OF CONSTRUCTED OR RENOVATED ASSETS OFF ITS BOOKS AND ONTO THE BOOKS OF THE UNIVERSITY OF KANSAS. HAD THESE ASSETS STILL BEEN ON THE ORGANIZATION'S BALANCE SHEET, NET ASSETS AS OF JUNE 30, 2012 WOULD NOT BE $-4.8 MILLION BUT RATHER $126.4 MILLION. SEE BELOW: NET ASSETS AS REPORTED ON PART I, LINE 22 ($ 4,839,298) ADD BACK: NET BOOK VALUE OF ASSETS TRANSFERRED TO UNIVERSITY'S BOOKS $ 131,166,622 ------------ $ 126,327,324
OTHER CHANGES IN NET ASSETS
FORM 990, PART XI, LINE 5
TRANSFER OF ASSETS TO THE UNIVERSITY ($ 4,974,020) UNREALIZED LOSS ON INVESTMENTS ($ 1,405,172) ----------- ($ 6,379,192)