Attach to Form 990 or Form 990-EZ.
Go to
www.irs.gov/Form990 for instructions and the latest information.
| (i) Name of supported organization | (ii) EIN | (iii) Type of organization (described on lines 1- 10 above (see instructions)) | (iv) Is the organization listed in your governing document? | (v) Amount of monetary support (see instructions) | (vi) Amount of other support (see instructions) | |
|---|---|---|---|---|---|---|
| Yes | No | |||||
| (A)
CAMPBELL UNIVERSITY INC |
560529940 | 2 | Yes | 60,000 | 0 | |
| (B)
DUKE UNIVERSITY |
560532129 | 2 | Yes | 60,000 | 0 | |
| (C)
NORTH CAROLINA CENTRAL UNIVERSITY |
566000730 | 2 | Yes | 60,000 | 0 | |
| (D)
UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL |
566001393 | 2 | Yes | 60,000 | 0 | |
| (E)
WAKE FOREST UNIVERSITY |
560532138 | 2 | Yes | 60,000 | 0 | |
|
Total 5
|
300,000 | 0 | ||||
Calendar year
(or fiscal year beginning in)
![]() |
(a) 2017 | (b) 2018 | (c) 2019 | (d) 2020 | (e) 2021 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grant.") .. | ||||||
| 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. | ||||||
Calendar year
(or fiscal year beginning in)
![]() |
(a) 2017 | (b) 2018 | (c) 2019 | (d) 2020 | (e) 2021 | (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 VI.).. | ||||||
| 11 | Total support. Add lines 7 through 10 | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2017 | (b) 2018 | (c) 2019 | (d) 2020 | (e) 2021 | (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.) | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2017 | (b) 2018 | (c) 2019 | (d) 2020 | (e) 2021 | (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 on 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 VI.) .. | ||||||
| 13 | Total support. (Add lines 9, 10c, 11, and 12.).. | ||||||
| Section A - Adjusted Net Income | (A) Prior Year |
(B) Current Year (optional) |
||||
| 1 | Net short-term capital gain | 1 | ||||
| 2 | Recoveries of prior-year distributions | 2 | ||||
| 3 | Other gross income (see instructions) | 3 | ||||
| 4 | Add lines 1 through 3 | 4 | ||||
| 5 | Depreciation and depletion | 5 | ||||
| 6 | Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) | 6 | ||||
| 7 | Other expenses (see instructions) | 7 | ||||
| 8 | Adjusted Net Income (subtract lines 5, 6 and 7 from line 4) | 8 | ||||
| Section B - Minimum Asset Amount | (A) Prior Year |
(B) Current Year (optional) |
||||
| 1 | Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): | 1 | ||||
| a | Average monthly value of securities | 1a | ||||
| b | Average monthly cash balances | 1b | ||||
| c | Fair market value of other non-exempt-use assets | 1c | ||||
| d | Total (add lines 1a, 1b, and 1c) | 1d | ||||
| e |
Discount claimed for blockage or other factors (explain in detail in Part VI): |
|||||
| 2 | Acquisition indebtedness applicable to non-exempt use assets | 2 | ||||
| 3 | Subtract line 2 from line 1d | 3 | ||||
| 4 | Cash deemed held for exempt use. Enter 0.015 of line 3 (for greater amount, see instructions). | 4 | ||||
| 5 | Net value of non-exempt-use assets (subtract line 4 from line 3) | 5 | ||||
| 6 | Multiply line 5 by 0.035 | 6 | ||||
| 7 | Recoveries of prior-year distributions | 7 | ||||
| 8 | Minimum Asset Amount (add line 7 to line 6) | 8 | ||||
| Section C - Distributable Amount | Current Year | |||||
| 1 | Adjusted net income for prior year (from Section A, line 8, Column A) | 1 | ||||
| 2 | Enter 85% of line 1 | 2 | ||||
| 3 | Minimum asset amount for prior year (from Section B, line 8, Column A) | 3 | ||||
| 4 | Enter greater of line 2 or line 3 | 4 | ||||
| 5 | Income tax imposed in prior year | 5 | ||||
| 6 | Distributable Amount. Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions) | 6 | ||||
| Section D - Distributions | Current Year | |
|---|---|---|
| 1 Amounts paid to supported organizations to accomplish exempt purposes | 1 | |
|
2
Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity |
2 | |
| 3 Administrative expenses paid to accomplish exempt purposes of supported organizations | 3 | |
| 4 Amounts paid to acquire exempt-use assets | 4 | |
| 5 Qualified set-aside amounts (prior IRS approval required - provide details in Part VI) | 5 | |
| 6 Other distributions (describe in Part VI). See instructions | 6 | |
| 7Total annual distributions. Add lines 1 through 6. | 7 | |
|
8
Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI). See instructions |
8 | |
| 9 Distributable amount for 2021 from Section C, line 6 | 9 | |
| 10 Line 8 amount divided by Line 9 amount | 10 | |
| Section E - Distribution Allocations (see instructions) |
(i) Excess Distributions |
(ii) Underdistributions Pre-2021 |
(iii) Distributable Amount for 2021 |
|
|---|---|---|---|---|
| 1 Distributable amount for 2021 from Section C, line 6 | ||||
|
2
Underdistributions, if any, for years prior to 2021 (reasonable cause required-- explain in Part VI). See instructions. |
||||
| 3 Excess distributions carryover, if any, to 2021: | ||||
| a From 2016....... | ||||
| b From 2017....... | ||||
| c From 2018....... | ||||
| d From 2019....... | ||||
| e From 2020....... | ||||
| fTotal of lines 3a through e | ||||
| g Applied to underdistributions of prior years | ||||
| h Applied to 2021 distributable amount | ||||
|
i
Carryover from 2016 not applied (see instructions) |
||||
| j Remainder. Subtract lines 3g, 3h, and 3i from line 3f. | ||||
| 4Distributions for 2021 from Section D, line 7: | ||||
| $ | ||||
| a Applied to underdistributions of prior years | ||||
| b Applied to 2021 distributable amount | ||||
| c Remainder. Subtract lines 4a and 4b from line 4. | ||||
|
5
Remaining underdistributions for years prior to 2021, if any. Subtract lines 3g and 4a from line 2. If the amount is greater than zero, explain in Part VI. See instructions. |
||||
|
6
Remaining underdistributions for 2021. Subtract lines 3h and 4b from line 1. If the amount is greater than zero, explain in Part VI. See instructions. |
||||
|
7 Excess distributions carryover to 2022. Add lines 3j and 4c. |
||||
| 8 Breakdown of line 7: | ||||
| a Excess from 2017..... | ||||
| b Excess from 2018..... | ||||
| c Excess from 2019..... | ||||
| d Excess from 2020..... | ||||
| e Excess from 2021..... | ||||
| Facts And Circumstances Test |
|---|
| Return Reference | Explanation |
|---|---|
| Schedule A, Part I, Line 12a | The June 3, 2004, IRS Letter Ruling provides the Scholarship Fund with Public Charity status pursuant to Internal Revenue Code Section 509(a)(3) but does not specify the type. The Scholarship Fund's Form 1023 specified that five (5) of the seven (7) Board members would be appointed by the Deans of the supported Law Schools. The Scholarship Fund's Form 1023 and the IRS Letter Ruling are posted on the Scholarship Fund's website at www.smithshaverscholarship.org. |
| Schedule A, Part IV, Section A, Line 2 | The Supported Organizations are Educational Institutions. Three (3) of the Universities are tax-exempt Section 501(c)(3) educational organizations classified by the IRS as public charities. All three (3) are Section 170(b)(1)(A)(ii) organizations. The remaining Supported Organizations are State Universities. It is noted that the University of North Carolina at Chapel Hill, although a Government entity, has an IRS Letter stating that IRS records indicate that it is not a private foundation because it is described in Sections 509(a)(1) and 170(b)(1)(A)(ii). The IRS, however, does not list the fifth Supported Organization, North Carolina Central University, as a public charity. Irrespective of whether the IRS Letter applicable to the University of North Carolina at Chapel Hill includes other members of the University of North Carolina System, North Carolina Central University itself is a State University. |
| Software ID: | 21013178 |
| Software Version: | v1.00 |
Attach to Form 990 or 990-EZ.
Go to www.irs.gov/Form990 for the latest information.
| Return Reference | Explanation |
|---|---|
| Form 990, Part III, Line 1 | The Smith/Shaver Law School Scholarship Fund, Inc., was established by Order of the Honorable Howard E. Manning, Jr., through a grant from the settlement fund created in the class actions known as Donald L. Smith v. State of North Carolina and Manila G. Shaver v. State of North Carolina. The initial Scholarship Fund consisted of the $6,000,000.00 remaining in the class actions settlement fund after payments to class members in full and for the costs of settlement administration. The Court directed that the Scholarship Fund be used to provide scholarships to North Carolina residents who attend the Law School at one of the following Universities: Campbell University, Duke University, North Carolina Central University, the University of North Carolina at Chapel Hill, and Wake Forest University. Smith/Shaver scholarships are based primarily on need. |
| Form 990, Part VI, Section A, Line 1b | Five (5) Board members are appointed by the Deans of the supported Law Schools to represent their respective Law School. The remaining two (2) Board members serve on the Board as directed by the North Carolina Superior Court Order noted in Schedule O with respect to Form 990, Part III, Line 1. |
| Form 990, Part VI, Section A, Line 7a | Five (5) Board members are appointed by the Deans of the supported Law Schools to represent their respective Law School. The remaining two (2) Board members serve on the Board as directed by the North Carolina Superior Court Order noted in Schedule O with respect to Form 990, Part III, Line 1. |
| Form 990, Part VI, Section B, Line 11b | Each Scholarship Fund Board member received a copy of Form 990 and related Schedules prior to filing and was provided an opportunity to comment. Each Board member received financial updates, including an annual income statement, for the year 2021 prior to the 2022 annual Board meeting. The Fund's investment manager bank appeared at the Board meeting and was consulted as needed during 2021. |
| Form 990, Part VI, Section B, Line 12c | Board members abide by the Conflicts Policy set out in the by-laws, which requires a Board member, among other things, to disclose a direct or indirect material financial interest concerning any transaction. During 2021 the Scholarship Fund engaged in no financial transactions other than choosing an investment advisor, setting investment policy, and making tuition payments as directed by the Law Schools. Names of scholarship candidates are submitted by the Law Schools for Board consideration and circulated among Board members to ensure no awards are made to potentially excluded relatives and to minimize the possibility of conflicts arising in the selection process. Any Board discussion regarding a potential conflict is memorialized. |
| Form 990, Part VI, Section B, Line 13 | The Scholarship Fund has no employees. All officers are also Board members. For this reason, the Scholarship Fund does not need a formal whistleblower policy. |
| Form 990, Part VI, Section B, Line 15 | No Board member or officer receives compensation. The Scholarship Fund has no paid employees. As no compensation is paid, no process by which compensation is to be determined is needed. |
| Form 990, Part VI, Section C, Line 19 | The Scholarship Fund's website www.smithshaverscholarship.org sets out the Fund's articles of incorporation, by-laws, Form 1023, and the Fund's IRS and State of North Carolina Exemption Letters. The website contains Form 990s and related schedules for all tax years of the Fund's existence. The website provides a history of the Fund. The Fund's by-laws, including the conflict of interest policy and governance provisions, were adopted by the Board at its initial meeting. |
| Form 990, Part XI, Line 5 | The unrealized gain/loss is based on running totals. The figure provided matches the accurate balance sheet figures set out in Part X. |
| Software ID: | 21013178 |
| Software Version: | v1.00 |