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    70-76 Oshkosh Warriors and Appleton Americanos
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  1. I don't think the leased food truck is unique to this year. A few years ago there was a similar post asking for funding for the last week of meals because the truck had to be cleaned(?) to be returned and I donated to cover a meal. I'm guessing it is a "normal" fundraiser for them at this time of year.
  2. Here ya go. Enjoy! 😂 Cavaliers - Africa. This was so amazing - I wish I could have seen it in person. I actually play this in the morning when I really need a boost to get going.
  3. Thank you. Thank you very much for honoring me with this nomination. I will treasure this moment forever As I have already noted that I'm done with this topic so it is with a heavy heart that I feel I must withdraw my name from consideration
  4. I was fine until I got to vacuous - then I just got annoyed. I gave too long of a response to "Roman owns everything" and responded with what was already at my fingertips - so sorry. I can't use work short-hand here (work would have understood that the same basic concept applies to both entities). Lets just go to the basics - 990 Form instructions. Page 4, item 25a of Form 990 asks "Did the organization engage in an excess benefit transaction with a disqualified person during the year?"  https://www.irs.gov/pub/irs-pdf/i990.pdf See page 85 for the definition of a disqualified person and excess benefit transaction for a public charity.  A disqualified person, regarding any transaction, is any person who was in a position to exercise substantial influence over the affairs of the applicable tax-exempt organization at any time during a 5-year period ending on the date of the transaction. Persons who hold certain powers, responsibilities, or interests are among those who are in a position to exercise substantial influence over the affairs of the organization. This would include, for example, voting members of the governing body, and persons holding the power of: Presidents, chief executive officers, or chief operating officers. Treasurers and chief financial officers. A disqualified person also includes certain family members of a disqualified person, and 35% controlled entities of a disqualified person. Page 85 also explains Excess Benefit Transactions which must be at fair market value - he cannot buy a $100 piece of equipment for $10 without it being deemed that he received an excess benefit subject to excise taxes. Now if I were on Roman's side I would say that I put in the $90 difference in time so it is a fair exchange. Someone can make an argument either way based on the underlying facts and circumstances. To determine whether an excess benefit transaction has occurred, all consideration and benefits exchanged between a disqualified person and the applicable tax-exempt organization, and all entities it controls, are taken into account. For purposes of determining the value of economic benefits, the value of property, including the right to use property, is the fair market value (FMV). Fair market value is the price at which property, or the right to use property, would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy, sell or transfer property or the right to use property, and both having reasonable knowledge of relevant facts. My main purpose was to convey that Roman does not own items titled to Pioneer. If he sells items titled to Pioneer he cannot just keep the cash himself, unless it is a repayment to him of funds he loaned to Pioneer or he pays it to himself (or others) as compensation. If he folds Pioneer, he cannot take equipment titled to Pioneer without paying fair market value as defined by the IRC as he is a disqualified person. I'm done on this topic.
  5. Very true - but the constant noise of the planes taking off would leave them unable to hear themselves.
  6. Answer - direct from one of the companies - is no.
  7. I know someone with land right next to them - they have no interest in the property for expansion. It is not a good site.
  8. You are correct if Roman personally owns the equipment, but it certainly doesn't look like that is the case. I stand by my comments. Not going to get into a Pi@@ing match - I know the research below is for a foundation. The founder doesn't own assets titled to the non-profit organization. It would take quite an act for the AG to seize assets - that would only be if the assets were abandoned or the managers of the organization were not following law. In any event, if Pioneer goes under the remaining assets must be given to another 501(c)(3) under the IRC. They cannot just take their horns and go home. The Pioneer 2016 Form 990 reports a value for buildings, land and equipment of $446,636 before depreciation. Tried to copy/paste but couldn't. Land $127,036 (the land is right along the airport boundary not far from the landing strips - doubt it would be particularly valuable) Buildings $129,364 Equipment $136,051 Other $75,185 Below - I didn't research this for purposes of DCP - I just happen to be dealing with the same issue with another non-profit organization and had the research right on my desk. www.irs.gov A disqualified person is any person who was in a position to exercise substantial influence over the affairs of the applicable tax-exempt organization at any time during the lookback period. It is not necessary that the person actually exercise substantial influence, only that the person be in a position to do so. For this purpose, donors and donor advisors with respect to a donor advised fund are treated as disqualified persons with respect to transactions with the fund. Moreover, the entire amount involved paid to such persons is treated as an excess benefit. Finally, a person who is able to exercise substantial influence over a section 509(a)(3) supporting organization is a disqualified person not only with respect to that organization, but also with respect to the organization(s) the supporting organization is organized and operated to benefit. Family members of the disqualified person and entities controlled by the disqualified person are also disqualified persons. For this purpose, the term control is defined as owning more than 35 percent of the voting power of a corporation, more than 35 percent of the profits interest in a partnership, or more than 35 percent of the beneficial interest in a trust. Current Internal Revenue Code, SEC. 4946. DEFINITIONS AND SPECIAL RULES. Click to open document in a browser 4946(a) DISQUALIFIED PERSON.— 4946(b) FOUNDATION MANAGER.— For purposes of this subchapter, the term “foundation manager” means, with respect to any private foundation— 4946(b)(1) an officer, director, or trustee of a foundation (or an individual having powers or responsibilities similar to those of officers, directors, or trustees of the foundation), and 4946(b)(2) with respect to any act (or failure to act), the employees CCH Tax Research Consultant, EXEMPT: 24,200, Self-Dealing Defined Click to open document in a browser Self-dealing is prohibited act between private foundation and disqualified person. Act may be direct or indirect. No self-dealing exists if benefits to disqualified person are no greater than those received by general public. Continuing transaction may be treated as multiple acts of self-dealing. Self dealing is any of the following direct or indirect transactions between a private foundation and a disqualified person:  any sale, exchange or leasing of property (see EXEMPT: 24,202.05 and EXEMPT: 24,202.10);  the lending of money or other extension of credit (see EXEMPT: 24,202.15);  the furnishing of goods, services, or facilities such as office space, automobiles, secretarial help, meals, libraries, laboratories, or parking lots (see EXEMPT: 24,202.20 and EXEMPT: 24,206.05);  the payment of compensation or reimbursement of expenses (see EXEMPT: 24,202.25);  the transfer or use of foundation assets or for the benefit of a disqualified person (see EXEMPT: 24,202.30); and  agreements to make any payment of money or other property to a government official, other than to agree to employ the individual for any period after the termination of his government service if that person is terminating his government service within a 90-day period (see EXEMPT: 24,202.35). 1 It is immaterial whether the transaction results in a benefit or a detriment to the foundation. Self-dealing does not include a transaction between a private foundation and a disqualified person if the disqualified person status arises only as a result of the transaction. 2
  9. Roman controls things - he does not own them, unless he leases assets to the corps. The true owner is the Wisconsin State Attorney General, who stays hands-off unless there is a complaint filed and their investigation resulted in a removal of the current board and directors or seizing the assets for protection. I think complaints have to be for financial mismanagement of a non-profit organization funds (Pioneer is a public charity). If the corps closed today all assets would be required to be given to another 501(C)(3) or sold with the proceeds going to another 501(c)(3) after paying any underlying debt. Roman can't take anything unless he buys it or if the corps owes him money. Say Roman decided to buy all equipment from Pioneer (which he would have to pay full fair market value) and start a whole new corps under a new federal identification number. He can do that with everything except the land/buildings. The self-dealing rules of the IRS prohibit any officer or director of the non-profit purchasing real estate from the entity, even at fair market value. He would have to remove himself from any direct contact and/or involvement for five years before he could offer to purchase the property at fair market value. If he decided to rent the land from the current Pioneer corporation he would have to pay full fair market value rent - no bargain rent would be permitted.
  10. Today it takes about 10 seconds to file your annual report online and there is an annual fee that I think is $25. It is a one page report that lists your officers and directors. You will see that they were administratively dissolved a while ago - that happens when you fail to file for five years. They then filed and were restored to good standing. If their renewal date fell during tour late filing wouldn't surprise me - but it is due in April and the notices come out about 2 months before the due date. Delinquent - didn't file annual report. Will stay delinquent until filed.
  11. It is way too early to speculate on whether Pioneer would fold or not, but if they do the assets must go to another 501(c)(3) organization. So if they sold the land, the cash would be the asset that would go to another organization after paying off debts.
  12. Organized in 1964 - carried over from St. Pats Currently delinquent on their WI filings. https://www.wdfi.org/apps/CorpSearch/Details.aspx?entityID=P008841&hash=1506972590&searchFunctionID=3900e292-1533-4a44-b9b4-8138d08f3602&type=Simple&q=pioneer+drum
  13. I'm guessing that the 501c3 transferred over from the Thunderbolts and/or St Pat's. Technically non-profit organizations are "owned" by the state's attorney general - no individual actually owns a non-profit.
  14. Property is owned by: PIONEER DRUM & BUGLE CORPS & COLOR GUARD, INC. 4601 W HOLT AVE MILWAUKEE WI 53220 http://propertytax.ci.cudahy.wi.us/GCSWebPortal/PropertySummaryReport.aspx
  15. I made a contribution a few days ago and that evening I saw a clip on Madison's FaceBook page of the MMs going to the home of an elderly lady who couldn't go to the show (Rome NY) and they sang YNWA to her. If nothing else from this year - the joy they brought to Miss Jean should be a great memory for the MMs. It also reminded me why I think the Scouts and many other corps are so great and it made me happy that I did do the donation. The experience is more than what is on the field. But what is on the field is likely what draws future members. I have no idea if the ED, designer, etc. have acknowledged to the MMs that they were given a sub-par program this year. If they haven't - they should. My concern is that this year's program will have a significant, negative impact on MMs who will consider going to Madison for 2019. How many will want to risk a repeat of 2018 (sub-par show, costumes that don't look like they belong to a world class corps). After this year's costume I think the alumni may be OK with anything that is green and white. If the existing management will stay in place for 2019 I really believe the board should require that they come out with a very early announcement of a show that has the Madison Mystique to attract future members and smooth things over with the alumni. Playing coy and holding back the announcement may result in potential members choosing to go to other corps. We don't need to hear the oldies again (but I wouldn't object) - there is plenty of material that needs the Madison treatment. I know I asked for a Rat Pack program earlier, but every time the Michael Buble disc comes on my iPhone at work I always think I would love to hear Madison do these songs. Silly as it may sound - the one that I think of Madison most is "Kissing a Fool" - but thought it needed a female to make it work - so please have Megan back next year if it helps (but don't go full out co-ed). I'm not an alumni - just a huge fan. I want to see the Men of Madison around for a long time.