January 28, 2009
Nonprofit Group Files for Bankruptcy
By Debra E. Blum
The National Heritage Foundation, a Virginia charity ordered last fall to pay millions of dollars to donors who said they had been misled by the organization, has filed for bankruptcy.
Jan H. Ridgeley, vice president of the National Heritage Foundation, says the organization, which manages thousands of donor-advised funds, is “a solid entity that just needed to hit the pause button.”
The group filed a voluntary Chapter 11 bankruptcy petition in federal court last week, citing the $6.2-million court judgment as its largest outstanding debt.
Ms. Ridgeley says the National Heritage Foundation has appealed the judgment, but, in the meantime, must post a bond to cover the potential costs of the damages.
She says raising the cash to pay for the bond is what ultimately forced the group, already in financial difficulty, to file bankruptcy.
Financial Declines
Donations to the organization had dropped by more than half from 2006 to 2007, and probably dropped by another 25 percent last year, Ms. Ridgeley estimated.
Losses in the group’s investment portfolio due to the poor economy are stacking up, too, she says, and the group took at least a $1-million hit reorganizing many of its donor-advised funds to comply with new federal rules in the Pension Protection Act of 2006.
National Heritage Foundation’s financial statements for 2007, the latest available, show the organization had $232-million in assets and less than $24-million in liabilities.
But Ms. Ridgeley says that liquidity became an issue. The group is now trying to renegotiate the terms of a $6.5-million loan it took from a Virginia bank, and to extend its $1-million line of credit with the bank to $2-million. The organization is also, she says, trying to push up the payback schedule for a $14-million loan it made as an investment in a private company.
Top 20 Creditors
National Heritage Foundation’s bankruptcy filing, which asks for a list of the group’s top 20 creditors, lists 19 donors to whom the organization makes monthly or quarterly annuity payments.
The donors — whose payments total about $100,000 each month — are among as many as 5,000 donors who have set up individual donor-advised funds at the National Heritage Foundation.
Donors typically make a lump-sum, tax-deductible contribution to the organization, sometimes in the form of a charitable gift annuity.
The National Heritage Foundation takes a 2.5 percent cut of the gift, and then a quarterly 0.5 percent fee to manage the money, which it invests. In response to recommendations from donors, the organization then parcels out portions of the money to charity.
Over the years, the National Heritage Foundation and its founder, John T. (Dock) Houk, have attracted the attention of the Internal Revenue Service and other charity regulators who have accused the organization of helping donors help themselves to improper tax breaks.
In 2006, the Pension Protection Act made illegal a common practice at the National Heritage Foundation where donors would donate money to the organization to set up a foundation, take a tax break, and then draw a salary from the new foundation to run its charitable programs.
The National Heritage Foundation was also a leading promoter of a controversial giving technique, called charitable-split dollar, that was effectively abolished by a 1999 law.
Under the plan, donors would make tax-deductible donations to the National Heritage Foundation, which then used those donations to pay premiums on life-insurance policies.
The beneficiaries of the policies were primarily the donors’ heirs, but a smaller portion of the death benefit would go to a charity chosen by the donors. Critics of such plans said the split-dollar arrangements allowed donors to use tax-deductible dollars to generate a disproportionately high private benefit.
In October, a Texas state court sided with Juan J. and Silvia Mancillas, donors who claimed that the National Heritage Foundation did not take proper action with regard to their split-dollar arrangement when the scheme was deemed illegal, thus failing to carry out their financial plans and charitable intent.
“I put the blame right on the Mancillas case,” says Mr. Houk, referring to the need to file for bankruptcy. “Our balance sheet already looked like it’d been hit by the same bomb that hit Hiroshima.”
In a written statement, Mr. Houk said that his group will make every effort to continue its normal operations during the restructuring period.
“Despite the cataclysmic events of the last year,” he said, “NHF expects to use Chapter 11 protection to take positive steps to ensure continued administrative services to its donors and programs.”
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The actions of this “foundation” are poor reflection on the whole nonprofit sector. The IRS should take action to close their operation and liquidate their assets to their donors.
— Bill w Jan 28, 01:25 PM #
Amen.
— Chris Casquilho Jan 28, 02:20 PM #
Not so fast, Bill and Chris. I have a NHF foundation, and I’ve used it according to highest charitable principles. My foundation has donated to Homes for Our Troops, the MLK Memorial, Hospice, PBS, Stand Up to Cancer, and dozens of other important charities. I’ve never tried to pay someone I know through the foundation and most especially me. I bet when the dust settles that’s how most of the NHF donor-advised foundations have operated. I have planned for a time in later life when I would seek additional funding from larger foundations, beyond my own assets, so that I can continue to benefit worthy causes. That’s the NHF vision in a nutshell. Let’s keep a little focus on what NHF has done right for the good of the community, not just what it may have done wrong.
— Brent G. Jan 28, 05:34 PM #
Brent – what have you heard about the solvency of your own donor advised fund? Given the bankruptcy, and that the assets of all DAFs are part of the balance sheet of NHF, do you expect to be able to continue to make gifts if NHF goes belly up?
— VWH Jan 29, 07:19 PM #
Sounds like these donor advised funds weren’t so donor advised.
— Kevin M. Jan 31, 09:49 AM #
If people got a partial tax deduction when establishing those annuities based on life expectancy, if they stop getting monthly income from the annuities now, will they get a tax loss deduction for the part of the original deduction they never received so far?
— Tax Payer Feb 3, 07:55 PM #
If NHF is ever liquidated, any assets remaining will have to be distributed to qualified charities, not returned to the donors.
— KEF Feb 4, 01:27 PM #
The Gift Annuity owners are general creditors of the charity, and they are high up on the pecking order as far as recovering assets.
— Jacko Feb 4, 04:35 PM #