Thursday February 21, 2019
Case of the Week
Lucky Lucy Lindstrom's "Ultimate Control" Charity
Case:Lucky Lucy Lindstrom finished college and headed west. She started as a financial analyst with a large company in Seattle. After just four years, she became a Registered Investment Advisor and began advising clients. Lucy also managed her own investments. With her keen insight into financial markets, Lucy soon began to move from traditional stocks and bonds into futures and commodities markets. Lucy was so successful in these markets that she now manages only her own large personal portfolio.
Somewhat late in life, Lucy discovered the wonderful world of philanthropy. She volunteered at her favorite charity and has learned that giving someone in need a helping hand is even more gratifying than making another million in the futures market.
Lucy had invested $1,000,000 in stock in a Canadian oil "wildcatter" with the name Northern Long Shot, Inc. This company has been drilling new exploratory wells in the far north. Recently, the stock rose from the $1 per share that she paid to over $5 per share. Lucy was delighted with her gain and decided to give the $5,000,000 to a charitable foundation to help those in need.
Lucy discussed options with her attorney and her favorite charity. She could create a private foundation (PF) or she could set up a supporting organization with her favorite charity. If the supporting organization were created, her favorite charity wants to elect three of the five directors, and Lucy would elect two directors. Since the SO is controlled by the charity, it also qualifies as a public charity. Lucy could give the stock and take a deduction up to 30% of her adjusted gross income, with a five year carry-forward for the excess value.
Lucy thought about the SO but was also very interested in a private foundation. She asked her attorney for reasons to select one or the other. Her attorney noted that private foundations are usually more expensive to operate, appreciated gifts are deductible only to 20% of AGI, deductions for gifts of real estate to a PF are limited to basis, a 2% excise tax on investment income is usually charged and the PF is subject to various rules on self-dealing, minimum distributions and excess business holdings.
Question:Lucy said, "Wow! There are a lot of negatives about private foundations. So why do some of my friends set up a private foundation?"
Solution:Her attorney responded and noted that the PF requirements were substantial, but manageable. She continued, "If you want complete control, and are willing to pay the added cost to comply with these requirements, then a private foundation is the appropriate choice."
Lucy continued, "If I set up a private foundation with this stock, will I receive a full charitable deduction?" Her attorney responded, "Yes, since Northern Long Shot, Inc. is a publicly traded stock, and you own less than 10% of the stock, there is an exception to the usual 'cost-basis only' deduction for appreciated gifts to a PF. With publicly-traded stock gifted to a PF, you will receive a deduction for your gift at fair market value."
After thinking through these options, Lucy decided to move forward with the Lucy Lindstrom Private Foundation. She had her attorney create the PF and then gave her Northern Long Shot stock to the foundation. The PF sold the stock, diversified and reinvested the proceeds. Each year Lucy and the board of her PF make grants to those in need.
Lucy decided that she wanted the control of a private foundation and was willing to pay the added costs of operation. She thought, "I will run the Lindstrom Private Foundation for a number of years and then may merge it into the public charity at a later time."