2021-03-26T10:14:07-05:00 2020-11-30 131655065 LUTZ AND CARR CPAS LLP 551 FIFTH AVENUE SUITE 400 NEW YORK NY 10176 990 2019-12-01 137049014 LUESTHER T MERTZ CHARITABLE TRUST LUES 2124751137 218 EAST 18TH STREET NEW YORK NY 10003 LARRY E CONDON TRUSTEE 2124751137 2021-03-23 1 LAUREN CRESCI P01268493 2126972299 2019 2022-09-23 18:48:47Z GOLDEN BECKNER JR 218 EAST 18TH STREET NEW YORK NY 10003 69788303 0 X NOT APPLICABLE X 1991 NY SEE MISSION STATEMENT ON PAGE 2, PART III, LINE 1 3 0 0 0 4424019 1601554 0 0 0 0 21228061 6968264 0 0 21228061 6968264 10650000 29250000 0 0 1874179 1880372 0 0 0 2755961 1566104 15280140 32696476 5947921 -25728212 117972027 94333964 0 0 117972027 94333964 X THE TRUST IS A TESTAMENTARY CHARITABLE TRUST UNDER NEW YORK LAW AND IS A SO-CALLED "SUPPORTING ORGANIZATION" DESCRIBED IN SECTION 509(A)(3) OF THE INTERNAL REVENUE CODE. THE SOLE EXEMPT PURPOSE AND ACTIVITY OF THE TRUST IS TO SUPPORT DIRECTLY FOURTEEN PUBLICLY SUPPORTED CHARITIES WHICH ARE NAMED IN THE TRUST'S GOVERNING INSTRUMENT WHICH REQUIRES THAT ALL NET INCOME OF THE TRUST BE DISTRIBUTED TO PROVIDE ESSENTIAL SUPPORT FOR A SUBSTANTIAL PROGRAM OR ACTIVITY OF ONE OR MORE OF THE NAMED BENEFICIARY ORGANIZATIONS. DURING THE TRUST'S FISCAL YEAR ENDED NOVEMBER 30, 2020, DISTRIBUTIONS, ALL IN CASH, WERE MADE TO BENEFICIARY ORGANIZATIONS NAMED IN THE TRUST'S GOVERNING INSTRUMENT. 0 0 30310303 29250000 $29,250,000 IN DISTRIBUTIONS WERE PAID TO 11 ORGANIZATIONS NAMED IN THE TRUST'S GOVERNING INSTRUMENT. 30310303 1 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 10 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 X 3 0 1 0 0 0 0 0 0 1 0 0 0 1 1 1 1 1 1 0 0 0 NY X LARRY E CONDON TRUSTEE 2124751137 218 EAST 18TH STREET NEW YORK NY 10003 LARRY E CONDON TRUSTEE 40.00 X 585137 0 0 JOHN J HOFFEE TRUSTEE (THROUGH 4/20/20) 40.00 X 585137 0 0 GOLDEN BECKNER TRUSTEE 40.00 X 585137 0 0 PAUL D RICHARDS TRUSTEE (THROUGH 3/15/19) 40.00 X 124960 0 0 1880371 0 0 4 1 1 0 MERTZ GILMORE FOUNDATION 218 EAST 18TH STREET NEW YORK NY 10003 PROGRAM AND ADMIN SUPPORT 221416 BLANK ROME LLP 1271 6TH AVENUE NEW YORK NY 10020 LEGAL SERVICES 160923 2 6363749 4424019 1939730 63424554 62820039 604515 604515 604515 6968264 0 4424019 2544245 29250000 29250000 1755412 877706 877706 124960 62480 62480 179990 179990 42327 42327 27409 27409 90000 34714 55286 FEDL & STATE UNRELATED 1003462 1003462 PROGRAM & ADMIN SERVICE 221416 85403 136013 FILING FEES 1500 1500 32696476 30310303 2386173 0 2377091 42131470 52900706 0 60807030 50315294 1887200 1887200 117972027 94333964 0 0 X 117972027 94333964 0 0 0 0 117972027 94333964 117972027 94333964 X -25728212 2090149 X X 0 0 0 X X 14 AMERICAN CIVIL LIBERTIES UNION FOUNDATION 136213516 7 1 1125000 0 BALLET TECH FOUNDATION INC 132773475 7 1 1875000 0 CENTRAL PARK CONSERVANCY 133022855 7 1 1012500 0 NEW YORK COMMUNITY TRUST AKA COMMUNITY FUNDS INC 133062214 8 1 0 0 THE JOYCE THEATER FOUNDATION 133038262 7 1 4125000 0 LINCOLN CENTER FOR PERFORMING ARTS INC 131847137 7 1 3225000 0 NATIONAL AUDUBON SOCIETY 131624102 7 1 937500 0 NATURAL RESOURCES DEFENSE COUNCIL 132654926 7 1 3562500 0 THE NEW YORK BOTANICAL GARDEN 131693134 7 1 6187500 0 NEW YORK SHAKESPEARE FESTIVAL 131844852 7 1 4575000 0 PHOENIX HOUSE FOUNDATION INC (PHOENIX HOUSE DEVELOPMENT FUND) 133020609 7 1 0 0 ST FRANCIS HOSPITAL 112050523 3 1 0 0 STANFORD UNIVERSITY BOARD OF TRUSTEES OF THE LELAND STANFORDJR UNIVERSITY 941156365 2 1 750000 0 THIRTEENWNET EDUCATIONAL BROADCASTING CORP 131945149 7 1 1875000 0 14 29250000 0 1 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 1 1 1 0 14076 0 0 16777324 6321804 16777324 6335880 0 0 87631 27409 0 0 16689693 6308471 57318195 27139359 9243420 27512004 63189985 56901435 129751600 111552798 0 0 0 129751600 111552798 1946274 1673292 127805326 109879506 4473186 3845783 0 0 4473186 3845783 16689693 14186239 4473186 14186239 1754912 12431327 29250000 0 2415605 0 0 0 31665605 10762500 12431327 86.580000000000 12431327 0 0 0 0 0 6053766 6053766 0 6053766 0 0 31665605 0 6377561 25288044 0 0 25288044 0 0 0 0 25288044 PART IV, SECTION D, LINE 3 SUPPORTED ORGANIZATIONS AND AMOUNT OF SUPPORT RECEIVED FROM THE TRUST: NEW YORK BOTANICAL GARDEN (NYBG) $6,187,500 NEW YORK SHAKESPEARE FESTIVAL (NYSF) $4,575,000 TOTAL $10,762,500 NYBG THE TOTAL OF THE TRUST'S DISTRIBUTIONS TO THE NYBG DURING THE TRUST'S 2020 TAX YEAR REPRESENTS OVER 72% OF ALL FOUNDATION SUPPORT RECEIVED BY THE NYBG DURING THAT PERIOD. THE DISTRIBUTIONS WERE MADE FOR THE FOLLOWING PURPOSES: --- SUPPORT FOR SCIENTIFIC RESEARCH, HORTICULTURE AND LIVING COLLECTIONS, AUDIENCE DEVELOPMENT, AND VISITOR SERVICES ($4,125,000) ---SUPPORT OF THE RECOVERY AND RESTORATION FUND ($2,062,500) THE PURPOSES WERE DEVELOPED BY REPRESENTATIVES OF THE TWO ORGANIZATIONS AS A PRODUCT OF THEIR CONTINUAL, CLOSE RELATIONSHIP WHICH IS MAINTAINED THROUGH FREQUENT INTERACTIONS, INCLUDING MEETINGS, TELEPHONE CONFERENCES, AND OTHER COMMUNICATIONS. ONE OF THE TRUSTEES OF THE TRUST SERVES ON THE EXECUTIVE COMMITTEE AND AS VICE CHAIRMAN OF THE BOARD OF THE NYBG. ONE OF THE MAJOR FACILITIES OF THE NYBG, THE LUESTHER T. MERTZ LIBRARY, IS NAMED FOR THE TRUST'S DONOR. SINCE THE INITIAL FUNDING OF THE TRUST, THE NYBG HAS RECEIVED A TOTAL OF $65,704,941 FROM THE TRUST. AT THE END OF ITS 2020 TAX YEAR, THE TRUST HAD NO OUTSTANDING COMMITMENTS TO DISTRIBUTE TO THE NYBG IN FUTURE TAX YEARS. LIKE ALL BENEFICIARIES OF THE TRUST, THE NYBG RECEIVES ANNUALLY A DETAILED ACCOUNTING, IN THE NEW YORK SURROGATE'S COURT FORMAT, SETTING FORTH ALL ASSETS, INCOME AND DISBURSEMENTS OF THE TRUST AND ALL FINANCIAL TRANSACTIONS TO WHICH THE TRUST IS A PARTY. NYSF THE TOTAL OF THE TRUST'S DISTRIBUTIONS TO NYSF DURING THE TRUST'S 2020 TAX YEAR REPRESENTS OVER 55% OF ALL FOUNDATION SUPPORT RECEIVED BY NYSF DURING THAT PERIOD. THE DISTRIBUTIONS WERE MADE FOR THE FOLLOWING PURPOSES: --- GENERAL OPERATING SUPPORT ($4,575,000) THE PURPOSE WAS DEVELOPED BY REPRESENTATIVES OF THE TWO ORGANIZATIONS AS A PRODUCT OF THEIR CONTINUAL, CLOSE RELATIONSHIP WHICH IS MAINTAINED THROUGH FREQUENT INTERACTIONS, INCLUDING MEETINGS, TELEPHONE CONFERENCES, AND OTHER COMMUNICATIONS. IN ADDITION TO OTHER INTERACTIONS, THE EXECUTIVE DIRECTOR OF NYSF AND ONE OF THE TRUSTEES OF THE TRUST HAVE REGULARLY SCHEDULED MONTHLY MEETINGS. ONE OF NYSF'S PERFORMANCE SPACES AT ITS HEADQUARTERS BUILDING IS NAMED FOR THE TRUST'S DONOR WHO SERVED FOR SEVERAL YEARS AS CHAIRMAN OF THE BOARD OF NYSF. ONE OF THE TRUSTEES OF THE TRUST SERVED FOR SEVERAL YEARS AS VICE CHAIRMAN OF THE BOARD OF NYSF. SINCE THE INITIAL FUNDING OF THE TRUST, NYSF HAS RECEIVED A TOTAL OF $63,639,420 FROM THE TRUST. AT THE END OF ITS 2020 TAX YEAR, THE TRUST HAD $1,000,000 OUTSTANDING COMMITMENTS TO DISTRIBUTE TO NYSF IN FUTURE TAX YEARS. LIKE ALL BENEFICIARIES OF THE TRUST, NYSF RECEIVES ANNUALLY A DETAILED ACCOUNTING IN THE NEW YORK SURROGATE'S COURT FORMAT, SETTING FORTH ALL ASSETS, INCOME AND DISBURSEMENTS OF THE TRUST AND ALL FINANCIAL TRANSACTIONS TO WHICH THE TRUST IS A PARTY. THE TRUST'S DISTRIBUTIONS TO NYBG AND NYSF CONSTITUTE 36.8% OF ALL DISTRIBUTIONS TO CHARITABLE BENEFICIARIES MADE DURING THE TRUST'S TAXABLE YEAR ENDED NOVEMBER 30, 2020. THE TRUSTEES BELIEVE THAT THE FACTS SET FORTH ABOVE SHOW THAT THE TRUST MEETS BOTH THE ATTENTIVENESS TEST AND THE RESPONSIVENESS TEST WITH RESPECT TO NYBG AND NYSF. 0 50315294 C 50315294 1 AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 BROAD STREET 18TH FLOOR NEW YORK NY 10004 136213516 501(C)(3) 1125000 SUPPORT FOR THE ACLU'S EFFORTS TO SAFEGUARD DEMOCRACY IN RESPONSE TO THE COVID-19 PANDEMIC AND ITS EFFORTS TO REFORM POLICING POLICIES AND PRACTICES. BALLET TECH FOUNDATION 890 BROADWAY NEW YORK NY 10003 132773475 501(C)(3) 1875000 ESSENTIAL SUPPORT ASSOCIATED WITH CARRYING OUT BALLET TECH'S MISSION, INCLUDING PERFORMANCE-RELATED EXPENSES AT THE JOYCE THEATER DURING FISCAL YEARS 2021-2027. CENTRAL PARK CONSERVANCY 14 EAST 60TH STREET NEW YORK NY 10022 133022855 501(C)(3) 1012500 GENERAL SUPPORT DURING FISCAL YEARS 2021-2022. THE JOYCE THEATER FOUNDATION 175 8TH AVENUE NEW YORK NY 10011 133038262 501(C)(3) 4125000 GENERAL OPERATING SUPPORT OVER THE COURSE OF 5 TO 7.5 YEARS. LINCOLN CENTER FOR THE PERFORMING ARTS INC 10 LINCOLN CENTER PLAZA NEW YORK NY 10023 131847137 501(C)(3) 3225000 SUPPORT FOR THE LINCOLN CENTER THEATER'S PRODUCTIONS DURING FISCAL YEARS 2021-2023 AND SALARY AND BENEFITS OF LINCOLN CENTER THEATER'S ARTISTIC DIRECTOR AND RESIDENT DIRECTOR DURING FISCAL YEAR 2020; GENERAL OPERATING EXPENSES AT LINCOLN CENTER EDUCATION; SUPPORT FOR A NEW BALLET ENTITLED ROTUNDA, THE CREATION OF NEW BALLETS, AND GENERAL OPERATIONS AT NEW YORK CITY BALLET; AND GENERAL OPERATING EXPENSES AT LINCOLN CENTER FOR THE PERFORMING ARTS, INC. NATIONAL AUDUBON SOCIETY 225 VARICK STREET 7TH FLOOR NEW YORK NY 10014 131624102 501(C)(3) 937500 AUDUBON NEW YORK'S HEALTHY FORESTS INITIATIVE DURING FISCAL YEARS 2020-2024. NATURAL RESOURCES DEFENSE COUNCIL 420 WEST 20TH STREET 11TH FLOOR NEW YORK NY 10011 132654926 501(C)(3) 3562500 COMPREHENSIVE CLIMATE PROGRAM DURING FISCAL YEARS 2021-22. NEW YORK BOTANICAL GARDEN 2900 SOUTHERN BOULEVARD BRONX NY 10458 131693134 501(C)(3) 6187500 SUPPORT FOR SCIENTIFIC RESEARCH, HORTICULTURE AND LIVING COLLECTIONS, AUDIENCE DEVELOPMENT, AND VISITOR SERVICES AND TO ADD TO THE RECOVERY AND RESTORATION FUND. NEW YORK SHAKESPEARE FESTIVAL 425 LAFAYETTE STREET NEW YORK NY 100037087 131844852 501(C)(3) 4575000 GENERAL SUPPORT DURING FISCAL YEAR 2020. STANFORD UNIVERSITY POPULATION BIOLOGY GIFT FUND 450 SERA MALL STANFORD CA 94205 941156365 501(C)(3) 750000 SUPPORT FOR THE NATURAL CAPITAL PROJECT AND THE MILLENNIUM ALLIANCE FOR HUMANITY AND THE BIOSPHERE OVER THE COURSE OF 5 YEARS OR MORE. THIRTEENWNET EDUCATIONAL BROADCASTING CORP 825 EIGHTH AVENUE NEW YORK NY 100197435 131945149 501(C)(3) 1875000 SUPPORT FOR GREAT PERFORMANCES BROADCAST SEASONS 2020-21, 2021-22, 2022-23, AND 2023-24. 11 PART I, LINE 2: REPRESENTATIVES OF THE TRUST ARE IN REGULAR CONTACT BY TELEPHONE, CORRESPONDENCE AND PERSONAL MEETINGS WITH REPRESENTATIVES OF BENEFICIARY ORGANIZATIONS. ALL TRUST DISTRIBUTIONS CARRY WITH THEM THE EXPRESS WRITTEN REQUIREMENT THAT THE RECIPIENT SUBMIT, AT ANNUAL OR MORE FREQUENT INTEVALS, WRITTEN NARRATIVE AND FINANCIAL REPORTS TO THE TRUST. MONITORING OF DISTRIBUTIONS INCLUDES REVIEW AND FOLLOW-UP OF SUCH REPORTS AND SITE VISITS WHERE APPROPRIATE. IN ADDITION, SENIOR MANAGERS OF BENEFICIARY ORGANIZATIONS ARE INVITED, ON A ROTATING BASIS, TO MEET PERIODICALLY WITH THE TRUSTEES TO DISCUSS MATTERS OF MUTUAL INTEREST AND CONCERN, INCLUDING PROGRAMS, ACTIVITIES AND FINANCES AND PAST, CURRENT AND PROPOSED DISTRIBUTIONS FROM THE TRUST. 0 0 0 0 0 0 0 0 0 LARRY E CONDON TRUSTEE 585137 0 0 0 0 0 0 0 0 0 585137 0 0 0 JOHN J HOFFEE TRUSTEE (THROUGH 4/20/20) 585137 0 0 0 0 0 0 0 0 0 585137 0 0 0 GOLDEN BECKNER TRUSTEE 585137 0 0 0 0 0 0 0 0 0 585137 0 0 0 PAUL D RICHARDS TRUSTEE (THROUGH 3/15/19) 124960 0 0 0 0 0 0 0 0 0 124960 0 0 0 FORM 990, PART VI, SECTION A, LINE 2 LARRY E. CONDON AND JOHN J. HOFFEE HAVE A FAMILY RELATIONSHIP. FORM 990, PART VI, SECTION A, LINE 8B THE TRUST DOES NOT HAVE ANY COMMITTEES. FORM 990, PART VI, SECTION B, LINE 11B ONE OF THE TRUSTEES REVIEWS THE 990 BEFORE THE FINAL VERSION IS PREPARED FOR HIS SIGNATURE AND FILING. FORM 990, PART VI, SECTION B, LINE 12C EACH TRUSTEE MUST ANNUALLY SIGN A DISCLOSURE STATEMENT WHICH AFFIRMS THAT THEY HAVE DISCLOSED ANY RELEVANT INFORMATION PERTAINING TO POTENTIAL CONFLICTS OF INTEREST. FORM 990, PART VI, SECTION B, LINE 15 THE TRUST HAS NO OFFICERS, DIRECTORS OR EMPLOYEES. THE TRUSTEES OF THE TRUST ARE ENTITLED TO RECEIVE TRUSTEES' COMMISSIONS ANNUALLY COMPUTED IN ACCORDANCE WITH A FIXED FORMULA SPECIFIED IN SECTION 2309 OF THE SURROGATE'S COURT PROCEDURE ACT OF THE STATE OF NEW YORK WHICH GOVERNS COMMISSIONS OF TRUSTEES UNDER WILLS OF PERSONS DYING AFTER AUGUST 31,1956. NO CONTRIBUTIONS ARE MADE TO ANY EMPLOYEE BENEFIT PLANS ON BEHALF OF ANY TRUSTEE AND NO TRUSTEE RECEIVES ANY EXPENSE ACCOUNT, REIMBURSEMENT OR OTHER ALLOWANCES FROM THE TRUST. DURING THE FISCAL YEAR ENDED NOVEMBER 30, 2020, ALL PAYMENTS OF TRUSTEES' COMMISSIONS WERE MADE ON JANUARY 15, 2020 AND WERE BASED, PURSUANT TO STATUTE, SOLELY ON THE AMOUNT OF TRUST INCOME COLLECTED DURING THE FISCAL YEAR ENDED NOVEMBER 30, 2019. FORM 990, PART VI, SECTION C, LINE 19 COPIES OF THE TRUST'S GOVERNING DOCUMENTS ARE AVAILABLE UPON REQUEST. FORM 990, PART XI, LINE 9: NONTAXABLE ITEMS REPORTED ON SCHEDULE K-1 2,090,149. FORM 990, PART XII, LINE 1 THE MODIFIED CASH BASIS IS USED IN PREPARATION OF THE FORM 990.