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
2012
Open to Public Inspection
Name of the organization
WE STAY-NOS QUEDAMOS INC
Employer identification number
13-3724388
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 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 monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(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. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
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 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2012.
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—2011.
If the organization did not check a 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—2012.
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—2011.
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) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
72,475
55,205
800
277,815
355
406,650
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......
3,652,155
272,201
3,924,356
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
520,155
552,971
713,057
1,786,183
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
0
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
6
Total. Add lines 1 through 5.
592,630
608,176
713,857
3,929,970
272,556
6,117,189
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
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.
0
c
Add lines 7a and 7b..
8
Public support (Subtract line 7c from line 6.)
6,117,189
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
9
Amounts from line 6...
592,630
608,176
713,857
3,929,970
272,556
6,117,189
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
32,850
15,466
4,750
31,670
42,921
127,657
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
c
Add lines 10a and 10b.
32,850
15,466
4,750
31,670
42,921
127,657
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
0
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
27,430
41,957
175,962
245,349
13
Total support. (Add lines 9, 10c, 11, and 12.)..
625,480
623,642
746,037
4,003,597
491,439
6,490,195
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 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
94.250 %
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
86.710 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
1.970 %
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
9.020 %
19a
33 1/3% support tests—2012.
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—2011.
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) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and 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) 2012
Additional Data
Software ID:
12000229
Software Version:
2012v2.0
-
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
2012
Open to Public Inspection
Name of the organization
WE STAY-NOS QUEDAMOS INC
Employer identification number
13-3724388
Identifier
Return Reference
Explanation
COMPLAINT FILED WITH NYSOAG
ON FEBRUARY 23, 2011, THE BOARD OF DIRECTORS TERMINATED THE EMPLOYMENT OF THE EXECUTIVE DIECTOR, YOLANDA GONZALEZ, AFTER SHE IGNORED AND OR REFUSED TO SUBMIT DOCUMENTS AND FINANCIAL RECORDS REQUESTED BY THE BOARD. ON MARCH 18, 2011, THE ORGANIZATION THROUGH ITS OUTSIDE LEGAL COUNSEL, GOLDSTEIN HALL,PLLC, FILED FORMAL CHARGES AGAINST THE EXECUTIVE DIRECTOR WITH THE NYS OFFICE OF ATTORNEY GENERAL-CHARITIES BUREAU AND REQUESTED AN INVESTIGATION BY THE NEW YORK STATE OFFICE OF ATTORNEY GENERAL INTO ALLEGED MISCONDUCT,MALFEASANCE, IMPROPRIETIES, DEFALCATION AND MISAPPROPRIATION OF THE ORGANIZATION'S INCOME AND ASSETS. AS A RESULT OF THIS EVENT, THE FEDERAL TAX RETURNS AND FILINGS WITH THE NYSOAG OFFICE HAVE BEEN DELAYED, BECAUSE THE ORGANIZATION THROUGH ITS OUTSIDE COUNSEL AND AN INDEPENDENT FINANCIAL CONSULTANT UNDERTOOK AN INTERNAL INVESTIGATION, IN WHICH IT ALSO BELIEVED THAT THE PREDECESSOR INTERNAL ACCOUNTANT ALSO ACTED AS OUTSIDE AUDITOR IN VIOLATION OF THE INDEPENDENCE RULES AND ETHICS GUIDELINES PRESCRIBED BY THE AMERICAN INSTITUTE OF CPAS. IN 2013, THE BOARD OF DIRECTORS ENGAGED AN INDEPENDENT CPA FIRM TO ASSIST IT WITH THE PREPARATION OF ITS 2012 TAX RETURN AND THE AUDIT OF ITS FINANCIAL STATEMENTS.ON OCTOBER 9, 2013, THE NEW YORK TIMES REPORTED THAT YOLANDA GONZALEZ, THE DAUGHTER OF THE FOUNDER OF THE ORGANIZATION WAS ARRESTED ON CHARGES THAT SHE STOLE NEARLY $900,000 FROM THE ORGANIZATION AND ITS AFFILIATES TO PAY FOR PERSONAL EXPENSES, PURSUANT TO THE INVESTIGATION CONDUCTED BY THE NYS OFFICE OF THE ATTORNEY GENERAL. MS. GONZALEZ WAS CHARGED WITH GRAND LARCENY, ATTEMPTED GRAND LARCENY AND FALSIFYING BUSINESS RECORDS AT AN ARRAIGNMENT IN NY STATE SUPREME COURT. JOSEPH INGENITO, THE FORMER CHIEF FINANCIAL OFFICER OF NOS QUEDAMOS, WAS ALSO CHARGED AT THE ARRAIGNMENT WITH FALSIFYING BUSINESS RECORDS. SEE SCHEDULE O, AUDITOR'S REPORT - FINANCIAL STATEMENTS. SEE ALSO ATTACHED STATEMENT FOR WAIVER OF LATE FILING PENALTIES ON THE BASIS OF REASONABLE CAUSE.
Amended Explanation
The organization is filing an AMENDMENT TAX RETURN TO Report assets, earnings, gains, deductions and losses derived from disregarded entities that were omitted from the original filed federal 990 tax return. The original tax return reported the disregarded entities as separate independent investments rather than assets directly held, managed and operated on its own tax returns and financial statements, through disregarded entities. The following changes are reported: 1) INVESTMENT IN RELATED ENTITIES: original amount reported $264,878, AMENDED REPORTED AMOUNT $542,640 2) INVESTMENT INCOME FROM AFFILIATES: ORIGINAL AMOUNT REPORTED $(35,309), AMENDED REPORTED AMOUNT $136,849 SEE FED 990 PAGES 1, 9, 11 AND SCHEDULE D
Form 990, Part XII, Line 2c
Form 990, Part XII, Line 2: Change of Oversight or Selection Process
ON FEBRUARY 23, 2011, THE BOARD OF DIRECTORS TERMINATED THE EMPLOYMENT OF THE EXECUTIVE DIRECTOR, YOLANDA GONZALEZ, AFTER SHE IGNORED AND OR REFUSED TO SUBMIT DOCUMENTS AND FINANCIAL RECORDS REQUESTED BY THE BOARD. ON MARCH 18, 2011, THE ORGANIZATION THROUGH ITS OUTSIDE LEGAL COUNSEL, GOLDSTEIN HALL,PLLC, (HEREINAFTER GHP) FILED FORMAL CHARGES AGAINST THE EXECUTIVE DIRECTOR WITH THE NYS OFFICE OF ATTORNEY GENERAL AND REQUESTED AN INVESTIGATION BY THE NEW YORK STATE OFFICE OF ATTORNEY GENERAL. THE NEW BOARD OF DIRECTORS TERMINATED THE FORMER ACCOUNTANT WHO PREPARED THE TAX RETURNS AND FINANCIAL STATEMENTS IN THE PRIOR YEARS. THE COMPLAINT FILED BY GHP, STATED THE FOLLOWING: "IT APPEARS THAT THE ORGANIZATION'S INTERNAL ACCOUNTANT ALSO SERVED AS ITS OUTSIDE AUDITOR/CPA." THE NEW BOARD OF DIRECTORS LISTED ON FORM 990 SECTION A PART I. PAGE 7, RETAINED A NEW ACOUNTING FIRM TO ASSIST IT IN PREPARING ITS 2010 TAX RETURNS AND FINANCIAL STATEMENTS. SEE SCHEDULE O.
Form 990, Part VI, Line 19
Form 990, Part VI, Line 19: Other Organization Documents Publicly Available
UPON PUBLIC REQUEST. CERTAIN INFORMATION IS REPORTED ON THE CHARITIES BUREAU WEBSITE OF THE NEW YORK STATE ATTORNEY GENERAL.
Form 990, Part VI, Line 15a
Form 990, Part VI, Line 15a: Compensation Review & Approval Process - CEO, Top Management
review by compensation committee of board of directors
Form 990, Part VI, Line 12c
Form 990, Part VI, Line 12c: Explanation of Monitoring and Enforcement of Conflicts
review by ethics committee of board of directors
Form 990, Part VI, Line 11b
Form 990, Part VI, Line 11b: Form 990 Review Process
review by audit committee and independent accountant
Form 990, Part VI, Line 7b
Form 990, Part VI, Line 7b: Describe Decisions of Governing Body Approval by Members or Shareholders
review by board and subject to approval of entire board
Form 990, Part VI, Line 5
Form 990, Part VI, Line 5: Description of Material Diversion of Assets
ON FEBRUARY 23, 2011, THE BOARD OF DIRECTORS TERMINATED THE EMPLOYMENT OF THE EXECUTIVE DIRECTOR, YOLANDA GONZALEZ, AFTER SHE IGNORED AND OR REFUSED TO SUBMIT DOCUMENTS AND FINANCIAL RECORDS REQUESTED BY THE BOARD. ON MARCH 18, 2011 THE ORGANIZATION THROUGH ITS OUTSIDE LEGAL COUNSEL, GOLDSTEIN HALL,PLLC, FILED FORMAL CHARGES AGAINST THE EXECUTIVE DIRECTOR AND REQUESTED AN INVESTIGATION BY THE NEW YORK STATE OFFICE OF ATTORNEY GENERAL. THE COMPLAINT ALLEGES THAT THE FORMER EXECUIVE DIRECTOR DIVERTED AND CONVERTED FUNDS THAT WERE ORIGINALLY GRANTED DIRECTLY TO THE ORGANIZATION THROUGH ANOTHER ENTITY THAT SHE CONTROLLED. SEE SCHEDULE O.
Client Note 2 - AMENDED 2012 FEDERAL 990 TAX RETURN The organization is filing an AMENDMENT TAX RETURN TO Report assets, earnings, gains, deductions and losses derived from disregarded entities that were omitted from the original filed federal 990 tax return. The original tax return reported the disregarded entities as separate independent investments rather than assets directly held, managed and operated on its own tax returns and financial statements, through disregarded entities. The following changes are reported: 1) INVESTMENT IN RELATED ENTITIES: original amount reported $264,878, AMENDED REPORTED AMOUNT $542,640 2) INVESTMENT INCOME FROM AFFILIATES: ORIGINAL AMOUNT REPORTED $(35,309), AMENDED REPORTED AMOUNT $136,849 SEE FED 990 PAGES 1, 9, 11 AND SCHEDULE D
Client Note 1 - REASONABLE CAUSE FOR LATE FILING: WAIVER AND ABATEMENT OF ALL PENALTIESON FEBRUARY 23, 2011, THE BOARD OF DIRECTORS OF WE STAY NOS QUEDAMOS TERMINATED THE EMPLOYMENT OF THE EXECUTIVE DIRECTOR, YOLANDA GONZALEZ, AFTER SHE IGNORED AND OR REFUSED TO SUBMIT DOCUMENTS AND FINANCIAL RECORDS REQUESTED BY THE BOARD. ON MARCH 18, 2011, THE ORGANIZATION THROUGH ITS OUTSIDE LEGAL COUNSEL, GOLDSTEIN HALL,PLLC, FILED FORMAL CHARGES AGAINST THE EXECUTIVE DIRECTOR WITH THE NYS OFFICE OF ATTORNEY GENERAL-CHARITIES BUREAU AND REQUESTED AN INVESTIGATION BY THE NEW YORK STATE OFFICE OF ATTORNEY GENERAL INTO ALLEGED MISCONDUCT,MALFEASANCE, IMPROPRIETIES, DEFALCATION AND MISAPPROPRIATION OF THE ORGANIZATION'S INCOME AND ASSETS. AS A RESULT OF THIS EVENT, THE FEDERAL TAX RETURNS AND FILINGS WITH THE NYSOAG OFFICE HAVE BEEN DELAYED, BECAUSE THE ORGANIZATION THROUGH ITS OUTSIDE COUNSEL AND AN INDEPENDENT FINANCIAL CONSULTANT UNDERTOOK AN INTERNAL INVESTIGATION, IN WHICH IT ALSO BELIEVED THAT THE PREDECESSOR INTERNAL ACCOUNTANT ALSO ACTED AS OUTSIDE AUDITOR IN VIOLATION OF THE INDEPENDENCE RULES AND ETHICS GUIDELINES PRESCRIBED BY THE AMERICAN INSTITUTE OF CPAS. IN 2013, THE BOARD OF DIRECTORS ENGAGED AN INDEPENDENT CPA FIRM TO ASSIST IT WITH THE PREPARATION OF ITS 2012 TAX RETURN AND THE AUDIT OF ITS FINANCIAL STATEMENTS. DUE TO THE PENDING COMPLAINT AND INVESTIGATION OF THE FORMER DIRECTOR AND THE RESULTING REPLACEMENT OF OFFICERS AND DIRECTORS AT THE ORGANIZATION, CORPORATE FORMALITIES WERE NOT CONSISTENTLY ADHERED TO DURING THIS TIME PERIOD. THESE EVENTS ALSO DISRUPTED THE DAY TO DAY OPERATIONS OF THE ORGANIZATION, CAUSED CHANGES IN PERSONNEL AND DELAYED THE PRODUCTION OF TIMELY BOOKS AND RECORDS. THESE FACTORS CONTRIBUTED TO THE LATE FILING OF THE TAX RETURNS. ON OCTOBER 9, 2013, THE NEW YORK TIMES REPORTED THAT YOLANDA GONZALEZ, THE DAUGHTER OF THE FOUNDER OF THE ORGANIZATION WAS ARRESTED ON CHARGES THAT SHE STOLE NEARLY $900,000 FROM THE ORGANIZATION AND ITS AFFILIATES TO PAY FOR PERSONAL EXPENSES, PURSUANT TO THE INVESTIGATION CONDUCTED BY THE NYS OFFICE OF THE ATTORNEY GENERAL. MS. GONZALEZ WAS CHARGED WITH GRAND LARCENY, ATTEMPTED GRAND LARCENY AND FALSIFYING BUSINESS RECORDS AT AN ARRAIGNMENT IN NY STATE SUPREME COURT. JOSEPH INGENITO, THE FORMER CHIEF FINANCIAL OFFICER OF NOS QUEDAMOS, WAS ALSO CHARGED AT THE ARRAIGNMENT WITH FALSIFYING BUSINESS RECORDS. THEREFORE, THE ORGANIZATION REQUESTS THAT ALL PENALTIES AND INTEREST BE WAIVED AND ABATED ON THE GROUNDS OF REASONABLE CAUSE BECAUSE OF THE EVENTS AND CONDITIONS THAT EXISTED FROM THE PERIOD 2011 THROUGH THE PRESENT IN CONNECTION WITH THE ABSENCE OF ADEQUATE BOOKS AND RECORDS CAUSED BY THE IMPROPRIETIES AND MALFEASANCE OF ITS FORMER EXECUTIVE DIRECTOR. SEE ALSO SCHEDULE O: COMPLAINT FILED WITH THE NYSOAG
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.