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
FOX THEATRE INC F/K/A ATLANTA LANDMARKS INC
Employer identification number
13-1240132
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)
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 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.") ....
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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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 2013 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
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.") .
570,717
523,400
291,840
325,846
310,432
2,022,235
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......
18,125,599
11,631,607
12,662,985
13,058,150
14,644,719
70,123,060
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
0
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.
18,696,316
12,155,007
12,954,825
13,383,996
14,955,151
72,145,295
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
443,400
498,400
272,920
240,500
253,890
1,709,110
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..
443,400
498,400
272,920
240,500
253,890
1,709,110
8
Public support (Subtract line 7c from line 6.)
70,436,185
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...
18,696,316
12,155,007
12,954,825
13,383,996
14,955,151
72,145,295
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
895,543
418,967
367,048
291,830
270,644
2,244,032
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
c
Add lines 10a and 10b.
895,543
418,967
367,048
291,830
270,644
2,244,032
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.)
..
65,019
131,141
140,062
425,881
465,306
1,227,409
13
Total support. (Add lines 9, 10c, 11, and 12.)..
19,656,878
12,705,115
13,461,935
14,101,707
15,691,101
75,616,736
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
93.149 %
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
91.423 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
2.968 %
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
3.094 %
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
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
FOX THEATRE INC F/K/A ATLANTA LANDMARKS INC
Employer identification number
13-1240132
Return Reference
Explanation
FORM 990, PART III, LINE 4D
GENERAL OPERATION OF A LIVE THEATRE. ACTIVITIES INCLUDE SUPPORT SERVICES SUCH AS CONCESSIONS, SUPPLIES, PAYROLL COST, CLEANING, MAINTENANCE AND OTHER COSTS TO PRESERVE THE FOX THEATRE AS A CULTURAL AND HISTORIC LANDMARK.
FORM 990, PART VI, LINE 11B
TAX RETURN IS PREPARED BY AN OUTSIDE ACCOUNTING FIRM FROM THE AUDITED FINANCIAL STATEMENTS. THE RETURN IS REVIEWED BY THE AUDIT & COMPENSATION COMMITTEE AND SENIOR MANAGEMENT PRIOR TO FILING WITH THE IRS. IN ADDITION, A COPY OF THE RETURN IS ELECTRONICALLY SENT TO ALL BOARD MEMBERS BEFORE THE RETURN IS FILED.
FORM 990, PART VI, LINE 12C
MEMBERS OF THE ORGANIZATION'S BOARD OF TRUSTEES AND SENIOR MANAGEMENT MAY, FROM TIME TO TIME, BE ASSOCIATED, EITHER DIRECTLY OR INDIRECTLY, WITH COMPANIES DOING BUSINESS WITH THE ORGANIZATION. FOR SENIOR MANAGEMENT, THE ORGANIZATION REQUIRES ANNUAL DISCLOSURE OF SIGNIFICANT FINANCIAL INTERESTS IN, OR EMPLOYMENT OR CONSULTING RELATIONSHIPS WITH, ENTITIES DOING BUSINESS WITH THE THEATRE. WHEN SUCH RELATIONSHIPS EXIST, MEASURES ARE TAKEN TO APPROPRIATELY MANAGE THE ACTUAL OR PERCEIVED CONFLICT IN THE BEST INTERESTS OF THE ORGANIZATION. THE ORGANIZATION HAS A WRITTEN CONFLICT OF INTEREST POLICY THAT REQUIRES, AMONG OTHER THINGS, THAT NO MEMBER OF THE BOARD OF TRUSTEES CAN PARTICIPATE IN ANY DECISION IN WHICH HE OR SHE HAS MATERIAL FINANCIAL INTEREST. EACH TRUSTEE IS REQUIRED TO CERTIFY COMPLIANCE WITH THE CONFLICT OF INTEREST POLICY ON AN ANNUAL BASIS AND INDICATE WHETHER THE THEATRE DOES BUSINESS WITH AN ENTITY IN WHICH A TRUSTEE HAS MATERIAL FINANCIAL INTEREST. WHEN SUCH RELATIONSHIPS EXIST, MEASURES ARE TAKEN TO MITIGATE ANY ACTUAL OR PERCEIVED CONFLICT, INCLUDING REQUIRING THAT SUCH TRANSACTIONS BE CONDUCTED AT ARM'S LENGTH, FOR GOOD AND SUFFICIENT CONSIDERATION, BASED ON TERMS THAT ARE FAIR AND REASONABLE TO AND FOR BENEFIT OF THE ORGANIZATION, AND IN ACCORDANCE WITH APPLICABLE CONFLICT INTEREST LAWS. NO SUCH ASSOCIATIONS ARE CONSIDERED TO BE SIGNIFICANT.
FORM 990, PART VI, LINE 15
COMPENSATION OF THE PRESIDENT/CEO IS REVIEWED EVERY THREE YEARS. AN OUTSIDE PLACEMENT COMPANY IS USED TO REVIEW COMPENSATION. CURRENT PRESIDENT/CEO'S SALARY REVIEW WAS DONE IN 2009 AND REVIEWED AGAIN IN 2012. AN OUTSIDE CONSULTING FIRM IS USED TO REVIEW THE PAY OF ALL FULL-TIME EMPLOYEES IN MID 2013 - THE HAY GROUP. THIS IS DONE AT SENIOR MANAGEMENT'S DISCRETION.
FORM 990, PART VI, LINE 19
GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY AND AUDITED FINANCIAL STATEMENTS ARE AVAILABLE TO BE REVIEWED ON SITE.
FORM 990, PART VII
A FORMER BOARD MEMBER OCCUPIES PREVIOUSLY UNUSED SPACE IN THE FACILITY UNDER A LEASE AGREEMENT DATED 12/28/1979 BETWEEN THAT INDIVIDUAL AND THE ORGANIZATION. THE OCCUPANCY UNDER THE TERMS OF THE LEASE IS FOR THE LIFE OF THE FORMER BOARD MEMBER. UNDER THE LEASE, RENT WAS ESTABLISHED AND PAID IN THE FORM OF IMPROVEMENTS TO THE SPACE COSTING NOT LESS THAN $50,000. THE PERIOD FOR REIMBURSEMENT TO THE FORMER BOARD MEMBER IN THE EVENT OF TERMINATION, 15 YEARS, HAS EXPIRED. THE IMPROVEMENTS BECOME THE PROPERTY OF THE ORGANIZATION UPON THE FORMER BOARD MEMBER'S DEATH OR TERMINATION OF THE LEASE. THERE WAS NO APPRAISAL OBTAINED AT THAT TIME, HOWEVER IT DOES NOT SEEM UNREASONABLE THAT THIS AGREEMENT WAS ENTERED INTO AT ARMS LENGTH AND WAS FAIR MARKET VALUE AT THE TIME.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.