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. Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
Friends of Harvard ROTC Trust
Employer identification number
22-3376419
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
522,425
192,975
715,400
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
522,425
192,975
715,400
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)..
635,980
6
Public support. Subtract line 5 from line 4.
79,420
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
7
Amounts from line 4..
522,425
192,975
715,400
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
3,730
4,144
2,119
3,651
5,667
19,311
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).
734,711
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 2013 (line 6, column (f) divided by line 11, column (f))
.........
14
10.810 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
12.690 %
16a
33 1/3% support test—2013.
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—2012.
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—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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 2013 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 4
Part IV
Supplemental Information.
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
Applicable law: An organization is described in section 170(b)(1)(A)(vi) if it is publicly supported. Treas. Reg. Sec. 1.170A-9T(f)(1)(ii). An organization is publicly supported if it meets either the "33 1/3 percent support" test or the "facts and circumstances" test. Id. Under the "facts and circumstances" test, an organization is publicly supported if it normally receives a substantial part of its support from governmental units, from contributions made directly or indirectly by the general public, or from a combination of these sources, and meets several other requirements. Treas. Reg. Sec. 1.170A-9T(f)(3). In particular, (1) the percentage of support normally received by an organization from such sources must be at least 10%; and (2) an organization must be so organized and operated as to attract new and additional public or governmental support on a continuous basis. Treas. Reg. Sec. 1.170A-9T(f)(3)(i) & (ii). In addition, the organization must be in the nature of an organization that is publicly supported, taking into account all relevant facts and circumstances, including several factors listed in the regulations. Treas. Reg. Sec. 1.170A-9T(f)(3). An organization is not generally required to satisfy all of the listed factors; in each case, the relevant factors and the weight accorded to them will depend on the nature and purpose of the organization. Treas. Reg. Sec. 1.170A-9T(f)(3)(iii). The first factor is the percentage of financial support. Treas. Reg. Sec. 1.170A-9T(f)(3)(iii)(A). The greater the organization's percentage of public support in excess of 10%, the less the burden of establishing that the organization is publicly supported under all other factors. Id. The second factor is the organization's sources of support. Treas. Reg. Sec. 1.170A-9T(f)(3)(iii)(B). If the organization receives contributions from a representative number of persons, rather than receiving almost all of its support from the members of a single family, then the organization is more likely to be considered publicly supported. Id. In determining what is a representative number of persons, consideration will be given to whether the organization limits its activities to a special field which can be expected to appeal to a limited number of persons. Id. The third factor is a representative governing body. Treas. Reg. Sec. 1.170A-9T(f)(3)(iii)(C). If the organization has a governing body which represents the broad interests of the public, rather than the personal or private interests of a limited number of donors (or certain related persons), then the organization is more likely to be considered publicly supported. Id. This requirement will be met if the organization's governing body is comprised of persons having special knowledge or expertise in the particular field in which the organization is operating. Id. The fourth factor is the availability of public facilities or services, or public participation in programs or activities. Treas. Reg. Sec. 1.170A-9T(f)(3)(iii)(D). Factors that evidence that an organization is publicly supported include: (1) the participation in the programs of the organization by civic or community leaders; and (2) the maintenance of a definitive program by an organization to accomplish its charitable work in the community. Treas. Reg. Sec. 1.170A-9T(f)(3)(iii)(D)(3). In addition, the regulation sets out several factors pertinent to membership organizations. Treas. Reg. Sec. 1.170A-9T(f)(3)(iii)(E).Analysis: Percentage of support. The Friends of Harvard ROTC Trust (the "Trust") satisfies the "percentage of support" requirement. The Trust's public support percentage for fiscal year ending June 30, 2014 ("FY 2014") is 10.81%, which is higher than the required 10%. Attraction of new public support. The Trust is organized and operated to attract additional public support on a continuous basis. First, the Trust's governing instrument expressly permits any person to add to the Trust's property. Since the creation of the Trust, a number of donors have contributed cash and other assets to the Trust. Second, the Trust operates to continuously attract additional public support. The stated purpose of the Trust is to enable students of Harvard College ("Harvard") to participate in the Reserve Officers' Training Corps ("ROTC") by providing them with financial support. Since 1970 when Harvard terminated its on-campus ROTC program until the present fiscal year ending June 30, 2014, Harvard students have been participating in the ROTC program at the Massachusetts Institute of Technology ("MIT"). Every year, MIT bills Harvard for the share of MIT's ROTC program costs attributable to Harvard students. In some cases, Harvard pays the bill, and the Trust then reimburses Harvard. In other cases, the bill is forwarded to the Trust, which pays the bill directly. Thus, the Trust's goal, each year, is to raise sufficient funds to cover the full amount of the bill. To meet that goal, each year the Trust undertakes a fundraising effort. Because the purpose of the Trust is tailored to supporting Harvard students, the fundraising program targets Harvard alumni and is therefore conducted by a senior development officer at that university. The Trust's fundraising program, traditionally anchored by recurring gifts from several donors, also includes outreach to families and friends of Harvard students participating in the ROTC program, principally around the time of the annual commissioning ceremony at Harvard. The Trust also accepts unsolicited donations from the general public. Since 2004, the Trust has received nearly fifty one-time and recurring gifts ranging from $25 to over $300,000. Facts and circumstances; factors listed in regulation. The Trust is in the nature of an organization that is publicly supported. In addition to meeting most of the factors listed in the regulations, the relevant facts and circumstances evidence the Trust's nature as a publicly supported organization. The first factor, the percentage of public support, weighs in favor of The trust's status as a publicly supported organization. The Trust's public support percentage has averaged between 10.81% and 14.47% over the past five fiscal years. As described below, the Trust satisfies the greater burden of establishing the publicly supported nature of the organization through other factors even though the Trust's percentage of public support is relatively low. The second factor, the sources of support, also weighs in favor of the Trust's status as a publicly supported organization. The Trust does not receive almost all of its support from the members of a single family. Rather, it is supported by a number of unrelated individuals who wish to support the Trust's charitable purpose. In addition, the number of the Trust's supporters is significant in light of the Trust's mission and the fact that the Trust limits its activities to a special field which can be expected to appeal to a limited number of persons. The Trust's fundraising efforts target primarily a limited group of Harvard students and alumni who themselves participated in the ROTC program, served in the United States military, or otherwise strongly support this cause. Therefore, the sources of the Trust's support are sufficiently representative of the relevant community. The third factor, a representative governing body, supports the conclusion that the Trust is a publicly supported organization. The trustees of the Trust are Harold J. Keohane and Charles A. Cheever. Together, the trustees are uniquely suited to represent the community from which the trust draws its support. Both Mr. Keohane and Mr. Cheever are graduates of Harvard. Mr. Keohane is prominently involved in the Harvard community, while Mr. Cheever is a senior partner in the wealth management group of a large law firm in Boston, Massachusetts and has served on the governing boards of many community organizations in the area.
Explanation
Schedule A (Form 990 or 990-EZ) 2013
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.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at
www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
Friends of Harvard ROTC Trust
Employer identification number
22-3376419
Return Reference
Explanation
Form 990, Part VI, Section B, line 11
Form 990 is submitted to the trustees for review and signature prior to filing the form.
Form 990, Part VI, Section C, line 19
The Organization makes its governing documents, conflict of interest policy, and financial statements available to the public upon request.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.