| Category | Amount | Net Investment Income | Adjusted Net Income | Disbursements for Charitable Purposes |
|---|---|---|---|---|
| ACCOUNTING FEES | 37,432 | 0 | 0 | 37,432 |
| Identifier | Return Reference | Explanation |
|---|---|---|
| PART I - LINE 16A AND PART XI - QUALIFYING DISTRIBUTIONS, LINE 1A | TREATMENT OF LEGAL FEES AS QUALIFYING DISTRIBUTIONS:DURING THE FISCAL YEAR, LEGACY ECHN WAS ENGAGED IN ONGOING EFFORTS TO PROTECT ITS CHARITABLE ASSETS FROM OUTSIDE CLAIMS, TO OBTAIN ASSETS TO WHICH IT WAS ENTITLED, AND TO PRESERVE ITS ASSETS FOR EVENTUAL DISTRIBUTION TO ANOTHER CHARITABLE FOUNDATION AS REQUIRED BY CONNECTICUT LAW. ALTHOUGH THE TRUST'S DISTRIBUTIONS CANNOT BE DIRECTLY TRACKED TO PAYMENT OF LEGAL EXPENSES INCURRED FOR THOSE PURPOSES, THEY WERE GENERALLY USED FOR THEM.LEGACY ECHN IS CURRENTLY PRECLUDED BY CONNECTICUT LAW FROM MAKING ANY DISTRIBUTIONS TO ITS DESIGNATED 501(C)(3) CHARITABLE BENEFICIARY EASTERN CONNECTICUT FOUNDATION FOR HEALTH, INC. ("ECFH"). LEGACY ECHN WILL UPON RECEIPT OF A SUPERIOR COURT ORDER IN THE FUTURE DISTRIBUTE AND TRANSFER ALL ITS ASSETS TO ECHF IN ACCORDANCE WITH CONNECTICUT LAW GOVERNING SALES OF A NONPROFIT HOSPITAL'S ASSETS TO A FOR-PROFIT PURCHASER. PRIOR TO THAT TIME, AND AS DESCRIBED BELOW, LEGACY ECHN HAS BEEN EXPENDING THE DISTRIBUTIONS IT RECEIVES TO PAY LEGAL FEES AND EXPENSES THAT ARE REASONABLE AND NECESSARY TO FURTHER ITS CHARITABLE PURPOSES, INCLUDING TO PRESERVE AND PROTECT ITS CHARITABLE ASSETS IN LITIGATION FROM ASSERTED CLAIMS AND LIABILITIES RELATED TO THE SALE OF ITS ASSETS TO THE FOR-PROFIT ENTITY, AND TO COLLECT AMOUNTS DUE TO IT FROM THE FOR-PROFIT ENTITY. CONSISTENT WITH REVENUE RULING 75-495 AND ITS PROGENY, THESE FEES AND EXPENSES ARE QUALIFYING DISTRIBUTIONS BECAUSE THEY ARE BOTH REASONABLE AND NECESSARY TO ACCOMPLISH AN EXEMPT PURPOSE.AS BACKGROUND, LEGACY ECHN WAS THE PARENT OF A CHARITABLE HOSPITAL SYSTEM THAT SOLD ITS ASSETS TO A FOR-PROFIT PURCHASER ("PROSPECT MEDICAL OR "PMH") IN 2016. AFTER THE SALE, PMH ASSERTED THAT UNDER THE ASSET PURCHASE AGREEMENT IT WAS ENTITLED TO RECEIVE ROUGHLY $10,000,000 OF A CHARITABLE BEQUEST TO ONE OF THE SYSTEM'S HOSPITALS, AND IT SUED DEMANDING PAYMENT OF THE BEQUEST. AFTER A TRIAL CONDUCTED IN NOVEMBER 2022, THE CONNECTICUT SUPERIOR COURT IN JULY 2023 ISSUED A DECISION FINDING IN FAVOR OF LEGACY ECHN AND HOLDING THAT LEGACY ECHN HAD THE RIGHT TO RETAIN THE BEQUEST. THE FOR-PROFIT PURCHASER PMH APPEALED THAT DECISION, AND THAT APPEAL HAS BEEN STAYED SINCE PMH FILED FOR BANKRUPTCY (AS EXPLAINED BELOW).FOLLOWING THE SUPERIOR COURT'S JULY 2023 DECISION IN LEGACY ECHN'S FAVOR IN THE CHARITABLE FUNDS CASE, LEGACY ECHN FILED A MOTION SEEKING REIMBURSEMENT OF ITS ATTORNEYS' FEES AND COSTS, WHICH WERE CHARGED AT REDUCED HOURLY RATES SUBSTANTIALLY LESS THAN THOSE CHARGED TO THE GENERAL PUBLIC. ON NOVEMBER 12, 2024, DURING THE TRUST'S FISCAL YEAR AT ISSUE, THE SUPERIOR COURT ISSUED A DECISION AWARDING FEES TO LEGACY ECHN, AFTER WHICH LEGACY ECHN ATTACHED AND GARNISHED PMH'S ASSETS TO SECURE THE JUDGMENT. PMH ALSO APPEALED THE DECISION AWARDING ATTORNEYS' FEES, AND THAT APPEAL HAS BEEN STAYED SINCE PMH FILED FOR BANKRUPTCY (AS EXPLAINED BELOW).IN ADDITION TO THE CHARITABLE BEQUEST LITIGATION, LEGACY ECHN SEPARATELY SUED THE FOR-PROFIT PURCHASER SEEKING PROTECTION FROM NEARLY $10,000,000 IN IMPOSED AND THREATENED PENALTIES BY THE IRS AND THE RECOVERY OF ASSOCIATED LEGAL AND OTHER PROFESSIONAL SERVICE FEES ARISING FROM THE FOR-PROFIT ENTITY'S "WILLFUL DISREGARD" OF IRS NOTICES WHILE PROVIDING REQUIRED POST-CLOSING SERVICES TO LEGACY ECHN, INCLUDING THE FILING OF ITS TAX RETURNS. THIS CASE WAS ALSO TRIED IN THE SUPERIOR COURT, AND ON SEPTEMBER 12, 2024, THE SUPERIOR COURT FOUND IN LEGACY ECHN'S FAVOR IN PART AND AWARDED LEGACY ECHN ITS LEGAL FEES RELATED TO ADDRESSING THE TAX REPORTING PROBLEM. PMH APPEALED, AND THAT APPEAL HAS BEEN STAYED SINCE PMH FILED FOR BANKRUPTCY (AS EXPLAINED BELOW).ON JANUARY 11, 2025, DURING THE TRUST'S FISCAL YEAR AT ISSUE, PMH FILED FOR BANKRUPTCY PROTECTION IN TEXAS, WHICH RESULTED IN THE NEED FOR LEGACY ECHN TO INCUR ADDITIONAL LEGAL EXPENSE IN PARTICIPATING AND MONITORING THAT PROCEEDING FOR ITS EFFECT ON LEGACY ECHN'S RIGHTS. NOTABLY, THE BANKRUPTCY FILING RESULTED IN AN AUTOMATIC STAY OF ALL OTHER JUDICIAL PROCEEDINGS, INCLUDING THE PENDING APPEALS (AS NOTED ABOVE).FINALLY, LEGACY ECHN INCURRED LEGAL FEES TO PREPARE FOR TRANSFER AND DISTRIBUTION OF ITS ASSETS TO THE NEW CHARITABLE FOUNDATION AS REQUIRED BY CONNECTICUT LAW. THIS WORK INCLUDED CONFERRING WITH THE CONNECTICUT ATTORNEY GENERAL AND ECFH TO ANALYZE MECHANISMS TO DISTRIBUTE LEGACY ECHN'S ASSETS TO ECHF PRIOR TO RESOLUTION OF ALL PENDING MATTERS AND DRAFTING AN ASSIGNMENT AGREEMENT THAT WOULD TRANSFER ALL ASSETS AND LIABILITIES TO ECHF WITH COURT APPROVAL. LEGACY ECHN ALSO INCURRED NECESSARY EXPENSES FOR ACCOUNTING AND AUDIT SERVICES AND INSURANCE. |
| Category/ Item | Listed at Cost or FMV | Book Value | End of Year Fair Market Value |
|---|---|---|---|
| INVESTMENT | AT COST | 4,144,369 | 4,144,369 |
| Category | Amount | Net Investment Income | Adjusted Net Income | Disbursements for Charitable Purposes |
|---|---|---|---|---|
| LEGAL FEES | 312,909 | 0 | 0 | 312,909 |
| Description | Beginning of Year - Book Value | End of Year - Book Value | End of Year - Fair Market Value |
|---|---|---|---|
| ESTIMATED SETTLEMENTS DUE FROM THIRD-PARTY PAYERS | 1,837,022 | 1,837,022 | 1,837,022 |
| DUE FROM PROSPECT ECHN, INC. | 2,149,072 | 2,149,072 | 2,149,072 |
| Description | Revenue and Expenses per Books | Net Investment Income | Adjusted Net Income | Disbursements for Charitable Purposes |
|---|---|---|---|---|
| INSURANCE - D AND O LIABILITY | 39,560 | 0 | 0 | 39,560 |
| POSTAGE AND MAILING SERVICE | 13 | 0 | 0 | 0 |
| BANK FEE | 374 | 0 | 0 | 0 |
| Description | Amount |
|---|---|
| UNREALISED GAINS (LOSSES) | 266,975 |
| Description | Beginning of Year - Book Value | End of Year - Book Value |
|---|---|---|
| ESTIMATED SETTLEMENTS DUE TO THIRD PARTY PAYERS | 610,898 | 610,898 |
| DUE TO PMH - SALE OF BUILDING | 287,454 | 287,454 |
| Category | Amount | Net Investment Income | Adjusted Net Income | Disbursements for Charitable Purposes |
|---|---|---|---|---|
| EXCISE TAX | 102 | 0 | 0 | 0 |