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US Cycling Development Foundation Tax Filing Questions

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Road Cycling
Published
13 April 2006
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17 April 2006
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B. Lafferty
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  1. Interesting that in the Foundation's 990 for 2004 Steve Johnson is listed in
    Statement 8 as received $125,000.00 plus a benefit contribution of
    $25,,892.00 dollars from USA Cycling, Inc. as a related organization.
    http://www.guidestar.org/FinDocuments/2004/841/529/2004-841529751-01df1fc9-9.pdf

    However, the 2004 990 filing for USA Cycling, Inc. does not list any salary
    payment to Steve Johnson.
    http://www.guidestar.org/FinDocuments/2004/841/284/2004-841284437-01e3d06a-9.pdf
    The 990 does list compensation for Gerard B. in the amount of $158,750.00

    So where the $125,000 that Steve Johnson says he didn't get from USACDF that
    is reported on the USACDF 990 as coming from USAC, Inc. which is not listed
    on USAC, Inc.'s form 990?

  2. In article <[email hidden]>, B.

    Lafferty said:

    Interesting that in the Foundation's 990 for 2004 Steve Johnson is listed in
    Statement 8 as received $125,000.00 plus a benefit contribution of
    $25,,892.00 dollars from USA Cycling, Inc. as a related organization.

    http://www.guidestar.org/FinDocuments/2004/841/529/2004-841529751-01df1fc9-9.p
    df

    However, the 2004 990 filing for USA Cycling, Inc. does not list any salary
    payment to Steve Johnson.

    http://www.guidestar.org/FinDocuments/2004/841/284/2004-841284437-01e3d06a-9.p
    df
    The 990 does list compensation for Gerard B. in the amount of $158,750.00

    So where the $125,000 that Steve Johnson says he didn't get from USACDF that
    is reported on the USACDF 990 as coming from USAC, Inc. which is not listed
    on USAC, Inc.'s form 990?


    Did you bother to read schedule A of the USAC 990 form?

  3. "Casey Kerrigan" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    In article <[email hidden]>, B.

    Lafferty said:

    Interesting that in the Foundation's 990 for 2004 Steve Johnson is listed
    in
    Statement 8 as received $125,000.00 plus a benefit contribution of
    $25,,892.00 dollars from USA Cycling, Inc. as a related organization.

    http://www.guidestar.org/FinDocuments/2004/841/529/2004-841529751-01df1fc9-9.p
    df

    However, the 2004 990 filing for USA Cycling, Inc. does not list any
    salary
    payment to Steve Johnson.

    http://www.guidestar.org/FinDocuments/2004/841/284/2004-841284437-01e3d06a-9.p
    df
    The 990 does list compensation for Gerard B. in the amount of $158,750.00

    So where the $125,000 that Steve Johnson says he didn't get from USACDF
    that
    is reported on the USACDF 990 as coming from USAC, Inc. which is not
    listed
    on USAC, Inc.'s form 990?


    Did you bother to read schedule A of the USAC 990 form?

    Yes. You missed the point. Who's paid employee is he; USAC or USADF? He's
    listed as a USAC employee receiving a USAC salary without mention of a
    USACDF employee with a salary drawn from USAC. The problem is in the USAC
    filing not making transparent his relationship with USACDF.

  4. B. Lafferty said:

    "Casey Kerrigan" <[email hidden]> wrote :

    Quoted message said:

    B. Lafferty <[email hidden]> wrote:

    Quoted message said:
    Quoted message said:
    Quoted message said:

    However, the 2004 990 filing for USA Cycling, Inc. does not list any salary
    payment to Steve Johnson.

    http://www.guidestar.org/FinDocuments/2004/841/284/2004-841284437-01e3d06a-9.pdf
    The 990 does list compensation for Gerard B. in the amount of $158,750.00

    So where the $125,000 that Steve Johnson says he didn't get from USACDF that
    is reported on the USACDF 990 as coming from USAC, Inc. which is not listed
    on USAC, Inc.'s form 990?

    Quoted message said:
    Quoted message said:

    Did you bother to read schedule A of the USAC 990 form?

    Yes. You missed the point. Who's paid employee is he; USAC or USADF? He's
    listed as a USAC employee receiving a USAC salary without mention of a
    USACDF employee with a salary drawn from USAC. The problem is in the USAC
    filing not making transparent his relationship with USACDF.

    Casey answered the question you asked, where does the 2004 990 for
    USAC list salary payments to Steve Johnson? It's on schedule A,
    which is page 7 of the pdf. If you can't get to page 7 of a form 990
    how are you ever going to make it through Proust?

    For your new question, the USAC 990 lists him as the paid COO.
    The USACDF 990 lists him as the _un_paid executive director and
    indicates he is paid by USAC ("Officer Compensation From Related
    Organizations" from line 75). You're complaining that the USAC 990
    doesn't show that he's the unpaid ED of a related organization. I am
    no expert on Form 990, but it's not obvious to me that there's anyplace
    to report that. If he was getting paid by USACDF it should show up
    on line 75 of USAC's 990, but he isn't.

    Not everything a bunch of politically sleazy weasels do is financially
    corrupt. Maybe their motives are morally pure - they're just in it for
    the power, not the money. (Presumably, the money we're taking
    about is pocket change to Thom Weisel, if not to Och or any of the
    other employees.)

  5. <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:
    B. Lafferty said:

    "Casey Kerrigan" <[email hidden]> wrote :

    Quoted message said:

    B. Lafferty <[email hidden]> wrote:

    Quoted message said:
    Quoted message said:

    > However, the 2004 990 filing for USA Cycling, Inc. does not list any
    > salary
    > payment to Steve Johnson.
    >
    > http://www.guidestar.org/FinDocuments/2004/841/284/2004-841284437-01e3d06a-9.pdf
    > The 990 does list compensation for Gerard B. in the amount of
    > $158,750.00
    >
    > So where the $125,000 that Steve Johnson says he didn't get from
    > USACDF that
    > is reported on the USACDF 990 as coming from USAC, Inc. which is not
    > listed
    > on USAC, Inc.'s form 990?

    Quoted message said:
    Quoted message said:

    Did you bother to read schedule A of the USAC 990 form?

    Yes. You missed the point. Who's paid employee is he; USAC or USADF?
    He's
    listed as a USAC employee receiving a USAC salary without mention of a
    USACDF employee with a salary drawn from USAC. The problem is in the
    USAC
    filing not making transparent his relationship with USACDF.

    Actually, I've read more than enough Proust--all of Remembrance of Things
    Past. The original question was not correctly stated, as you note. I should
    have focused the question on USAC's not noting the salary in relation to
    USACDF.

    Quoted message said:


    Casey answered the question you asked, where does the 2004 990 for
    USAC list salary payments to Steve Johnson? It's on schedule A,
    which is page 7 of the pdf. If you can't get to page 7 of a form 990
    how are you ever going to make it through Proust?

    For your new question, the USAC 990 lists him as the paid COO.
    The USACDF 990 lists him as the _un_paid executive director and
    indicates he is paid by USAC ("Officer Compensation From Related
    Organizations" from line 75).

    This is precisely the issue. Johnson is an officer of USACDF and an officer
    of USAC. He is paid by the latter but the placing of Johnson on Schedule 8
    of the USACDF lists Johnson as receiving officer compensation (for USACDF
    duties) from a related organization. The point is that this is not set out
    as a transparent relationship detailing how his USAC compensation relates to
    his USACDF compensation derived from the former entity. It seems to me that
    a non-profit organization (USAC) making a salary payment to an employee has
    the right to expect 100% loyalty from that organization. If USAC made said
    salary payment to Johnson, knowing that it was meant to compensate him in
    some way for his 10+ hours per week service to USACDF, that should be made
    clear along with the structure of that relationship.

    When you have a donor foundation requiring seats on the board of trustees of
    a donee organization as a condition of grantmaking, you have a situation
    that is rife with potential, if not actual, conflict of interest. In such a
    situation, complete tranparency is the only way that the public and the
    state can determine if both entities are functioning withing the
    requuirements of law. That USAC has not made clear their compensatory
    relationship with Johnson in relation to USACDF is a significant problem.

    Quoted message said:

    You're complaining that the USAC 990
    doesn't show that he's the unpaid ED of a related organization. I am
    no expert on Form 990, but it's not obvious to me that there's anyplace
    to report that. If he was getting paid by USACDF it should show up
    on line 75 of USAC's 990, but he isn't.

    Not everything a bunch of politically sleazy weasels do is financially
    corrupt. Maybe their motives are morally pure - they're just in it for
    the power, not the money. (Presumably, the money we're taking
    about is pocket change to Thom Weisel, if not to Och or any of the
    other employees.)

    Ya never know. The Weasel may be hurting after paying that $12+million to
    the Feds for alleged securities violations. (I say this tongue in cheek)

  6. Quoted message said:

    "In such a situation, complete tranparency is the only way that the public and the state can determine if both entities are functioning withing the requuirements of law."

    There is no duty to obey the state or law when the law is illegitimate.

    The "public" doesn't care.

    "Ballots are bullets." -- Ben Franklin, 1759

  7. "Pudd'nhead Wilson" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:
    Quoted message said:

    "In such a situation, complete tranparency is the only way that the
    public and the state can determine if both entities are functioning
    withing the requuirements of law."

    There is no duty to obey the state or law when the law is illegitimate.

    Care to explain your position in detail in ythis context?

    Quoted message said:

    The "public" doesn't care.

    Quoted message said:


    "Ballots are bullets." -- Ben Franklin, 1759

  8. Quoted message said:
    Quoted message said:
    Quoted message said:

    "In such a situation, complete tranparency is the only way that the
    public and the state can determine if both entities are functioning
    withing the requuirements of law."

    Quoted message said:

    There is no duty to obey the state or law when the law is illegitimate.

    Care to explain your position in detail in ythis context?

    Well that would ruin the concept of a quick "one-hit law-and-order
    anarchist snipe and leave" action. I can write something -- I expect
    you either won't like it, or think it silly.

    Your appeal to the state and its laws is insufficient, since the state
    is illegitimate. It exists solely upon stolen assets, naked force, and
    the threat of force. There is no "social contract" creating a state.
    Even if there were, the state would be in breach. (I know I signed no
    such contract, or gave power of attorney to do so.)

    Appeal to "public interest" is also insufficient. There is no general
    "public interest" here. This issue is flatly no business of the state
    or the general public.

    There could be interest of parties associated with USAC/USACDF. For
    example you wrote the following:

    Quoted message said:

    The point is that this is not set out
    as a transparent relationship detailing how his USAC compensation relates to
    his USACDF compensation derived from the former entity... If USAC made said
    salary payment to Johnson, knowing that it was meant to compensate him in
    some way for his 10+ hours per week service to USACDF, that should be made
    clear along with the structure of that relationship.

    I don't know if you're saying there is some kind of fraud there (or
    even a lack of due care of accurate representation of relationships)
    that materially harmed the "associates" of USAC/USACDF. If they said
    one thing and did another, and that harmed someone, perhaps there is a
    legitimate claim.

    Whether the state should be allowed to court such a legitimate case is
    yet another question. Since the state already seized the assets to
    build courts and pay judges (etcetera), everyone is probably too poor
    to afford private adjudication, or to purchase as good of private
    adudication that they could otherwise afford. The state's laws are only
    relevent if they happen to coincide with legitimate law (emphasis on
    coincidence). It is not clear what of the state's laws you believe are
    relevently legitimate. State requirements of tax filing is uniformly
    illegitimate.

    You also said:

    When you have a donor foundation requiring seats on the board of
    trustees of a donee organization as a condition of grantmaking,
    you have a situation that is rife with potential, if not actual,
    conflict of interest.

    This does not sound like a conflict of interest at all. It sounds like
    *direct interest*. The "donor" is explicitly saying what they want
    (their interest), and they won't give unless those interests are
    guarded by seats on the board. No conflict there -- quite direct
    interest really. If, on the other hand, there was misrepresentation to
    the associates of this relationship, then perhaps there is a claim, but
    certainly not "conflict of interest." Not that I really care, but just
    call out clearly what the problem is that materially harmed someone.

    Here is a true conflict of interest:
    A coercive state exists and writes legislation covering a geographical
    area. The ostensible guardians of the constitutionality of those laws
    -- the judges -- are paid by that same coercive state. Further
    evidence of the conflict is that juries -- who initially are able, if
    they wish, to determine both the *law* and the facts -- are denuded of
    their law determining power by the paid judges, thus removing the last
    barrier to balance of interests.
    (http://caselaw.lp.findlaw.com/data2/californiastatecases/s066106.pdf
    for example.)

    Justice Hand> "Do justice, sir, do justice."

    Justice Holmes> "That is not my job. It is my job to apply the law."

    One judge called for a system of justice. The other judge resigned to
    a system of laws. They are not the same.

    (From http://www.friesian.com/nullif.htm#)

    I don't know what your beef is. Who was harmed and had their rights
    violated?

  9. B Lafferty said:
    Quoted message said:

    Care to explain your position in detail in ythis context?

    Pudd'nhead Wilson said:

    Well that would ruin the concept of a quick "one-hit law-and-order
    anarchist snipe and leave" action. I can write something -- I expect
    you either won't like it, or think it silly.

    Your appeal to the state and its laws is insufficient, since the state
    is illegitimate. It exists solely upon stolen assets, naked force, and
    the threat of force. There is no "social contract" creating a state.
    Even if there were, the state would be in breach. (I know I signed no
    such contract, or gave power of attorney to do so.)

    Is this an illustration of the Fred Phelps argument theorem ?

  10. Quoted message said:

    Is this an illustration of the Fred Phelps argument theorem ?

    Hey, I got you wondering what an argument is. Fantastic progress Don!
    Congrats! You can do it!

    The attribution you questioned is not the crux. The question is for
    Brian to answer "whose rights were violated? Who was harmed?" If
    someone's (negative) rights were violated, I'm with him.

    If he's simply advocating using the "legal" power of the state to
    harass because of his own suspicions and biases, then that is immoral,
    or at least inappropriate. On the other hand, he has every right to
    pronounce his suspicions and/or biases.

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