| Category | Amount | Net Investment Income | Adjusted Net Income | Disbursements for Charitable Purposes |
|---|---|---|---|---|
| Accounting Fees | 75 | 25 | 25 | 50 |
| Identifier | Return Reference | Explanation |
|---|---|---|
| Initial Taxes on Self-Dealing | Form 4720; Schedule A | The acts of self-dealing disclosed on this IRS Form 4720 filed on behalf of the YY & JJ Foundation's (the "Foundation") are the result of certain inadvertent violations of the self-dealing rules resulting from the use by Ms. Qiu, a director and officer of the Foundation, of certain Foundation assets for personal purposes based upon improper professional advice. Ms. Qiu had hired a certified professional accountant, Mr. Jimmy J. Chen, CPA, to help her form the Foundation, structure its operations in compliance with California state and federal tax laws, and prepare its annual tax returns. Mr. Chen had advised Ms. Qiu that the expenditure of Foundation funds for these purposes was appropriate. In seeking out the professional advice of Mr. Chen, Ms. Qiu thought she had found a knowledgeable and trustworthy tax advisor. Mr. Chen was well regarded in the community and held himself out as an experienced CPA who could properly structure a private foundation and advise Ms. Qiu regarding its operations. Unfortunately, Ms. Qiu's trust and reliance on Mr. Chen were misplaced as evidenced by the fact that Mr. Chen is currently under indictment for tax fraud in connection with Mr. Chen's operation of his own private foundation and his use of that foundation to pay for personal expenses and evade California taxes. Ms. Qiu's new tax advisors have advised her that certain expenses that Mr. Chen advised Ms. Qiu could be claimed as expenses of the Foundation should have been characterized as Ms. Qiu's personal, non-deductible expenses and, as a result, these prior allocations must be treated as acts of self-dealing. Accordingly, this Form 4720 discloses all of Ms. Qiu's personal use of Foundation assets for this and prior tax years and, as of the date of this filing, Ms. Qiu has corrected all of these prior acts of self-dealing. In addition, Ms. Qiu will be filing a separate Form 4720 and paying the initial self-dealer excise tax resulting from these transactions. However, neither Ms. Qiu nor any other "foundation manager" is liable for the Internal Revenue Code ("Code") section 4941(a)(2) excise tax applicable to a foundation manager who participates in an act of self-dealing, knowing that it is such an act, and who does so willfully and not due to reasonable cause. Treas. Reg. section 53.4941(a)-1(b)(1). As explained above, the misallocation of expenses giving rise to these acts of self-dealing were not willful mischaracterizations by Ms. Qiu. Rather, these mischaracterizations were the result of relying on Mr. Chen's improper professional advice. Neither Ms. Qiu nor any other foundation manager knew at the time that the misallocation of expenses constituted self-dealing, thus they cannot be held liable under Code section 4941(a)(2). See Treas. Reg. section 53.4941(a)-1(b)(3) (indicating that a person shall be considered to have participated in a self-dealing transaction "knowing" that is an act of self-dealing only if he is aware that such an act may violate the self-dealing rules, among other requirements); Treas. Reg. section 53.4941(a)-1(b)(4) (indicating that for participation to be willful, it must be "voluntary, conscious, and intentional"). |
| Description | Beginning of Year - Book Value | End of Year - Book Value | End of Year - Fair Market Value |
|---|---|---|---|
| adv. to SH | 21,951 | 0 | 0 |
| Description | Revenue and Expenses per Books | Net Investment Income | Adjusted Net Income | Disbursements for Charitable Purposes |
|---|---|---|---|---|
| Meals & Entertainment | 363 | 181 | 0 | 0 |
| OFFICE EXPENSE | 26 | 13 | 13 | 0 |
| Penalties & Fines | 15 | 0 | 0 | 0 |
| POSTAGE EXPENSE | 13 | 7 | 6 | 0 |
| Skype | 25 | 0 | 0 | 25 |
| Supplies Expense | 117 | 0 | 0 | 117 |
| Description | Revenue And Expenses Per Books | Net Investment Income | Adjusted Net Income |
|---|---|---|---|
| Amex Cash Back | 269 | 269 | 269 |
| Description | Amount |
|---|---|
| Prior period adjustment | 42,659 |
| Description | Beginning of Year - Book Value | End of Year - Book Value |
|---|---|---|
| Cr. Card Payable-Amex | 1,125 | 0 |
| Category | Amount | Net Investment Income | Adjusted Net Income | Disbursements for Charitable Purposes |
|---|---|---|---|---|
| STATE TAXES | 10 | 0 | 0 | 10 |