Tuesday, January 31, 2017

Tracy casts a stone....


PACIFICA FOUNDATION INC.
1925 MARTIN LUTHER KING JR WAY
BERKELEY CA  94704

CT FILE NUMBER:   011303 

RE:    SECOND NOTICE : WARNING OF ASSESSMENT OF PENALTIES AND LATE FEES, AND SUSPENSION OR REVOCATION OF REGISTERED STATUS 

On October 7, 2016 the Registry of Charitable Trusts sent a Warning of Impending Tax Assessment to the captioned organization.  To date, only a part of the  response has been received.  Pursuant to that letter, the following required filings are delinquent:

  1. It appears from our review of Form RRF-1 for the fiscal year ending 09/30/2015 that an independent audit was required, pursuant to the provisions of Government Code section 12586.  We further note that it is stated on the Form RRF-1 that no audit was conducted.  Please either provide a copy of the independent audit conducted for the affected year or explain why the organization was exempt from this requirement.

Failure to timely file required reports violates Government Code section 12586 and may result in the suspension or revocation of your registration.  

Unless the above-described report(s) are filed with the Registry of Charitable Trusts within thirty (30) days of the date of this letter, the following will occur:

1.  The California Franchise Tax Board will be notified to disallow the tax exemption of the abovenamed entity.  The Franchise Tax Board may revoke the organization’s tax exempt status at which point the organization will be treated as a taxable corporation (See Revenue and Taxation Code section 23703) and may be subject to the minimum tax penalty.  

2.  Late fees will be imposed by the Registry of Charitable Trusts for each month or partial month for which the report(s) are delinquent.  Directors, trustees, officers and return preparers responsible for failure to timely file these reports are also personally liable for payment of all late fees.

PLEASE NOTE:  Charitable assets cannot be used to pay these avoidable costs.  Accordingly, directors, trustees, officers and return preparers responsible for failure to

timely file the above-described report(s) are personally liable for payment of all penalties, interest and other costs incurred to restore exempt status.

A delinquent organization may not engage in any activity for which registration is required, including solicitation of charitable assets.

If you believe the above-described report(s) were timely filed, they were not received by the Registry and another copy must be filed within thirty (30) days of the date of this letter.  In addition, if the address of the above-named entity differs from that shown above, the current address must be provided to the Registry prior to or at the time the past-due reports are filed.

In order to avoid the above-described actions, please send all delinquent reports to the address set forth above, within thirty (30) days of the date of this letter.

 Thank you for your attention to this correspondence.

 Sincerely,     Registry of Charitable Trusts


 For KAMALA D. HARRIS   Attorney General

22 comments:

  1. (JustAlistener)
    So many shoes dropping.
    It's like a '70's disaster movie - you know disaster will strike, question is which characters will survive and how?

    I suppose someone at the ESB decided they'd better sue know while Pacifica still has assets to grab.
    Even with the dire consequences (including personal liability) hanging over their heads I expect the next PNB meeting will be 3 more hours of aimless arguing.

    Tune in to the next episode to find out:
    Who will be running overseas to hide their assets?
    Will CA accept crack vials, oxy pills and bags of heroin as payment toward personal liability?
    When will the "KPFA Foundation" swoop in to pick at the pieces?
    Did Gary Null get enough money selling his furniture to afford to buy what's left of WBAI?
    Will it be the ultimate irony when the court appoints Reimers as liquidation executor so he becomes the last paid Pacifica person?

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    1. Yes, we need more free-for-all shouting matches, with the drooling vultures circling above. Apparently, Cerene hasn't stopped bouncing and Adriana won't take her foot off the gas pedal, so expect the expected.

      The fate of Null's see-thru dining room table is still unknown, but he may well be preparing to host the last supper.

      Brace yourself for another Bates fund drive—the lies will be bigger and he'll give Black History Month a new demeaning.

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    2. This is all so damn funny in the way that easily avoided tragedies usually are. Anyone with a modicum of intelligence would be dangling Trump over The Remnant's heads to make money, but you know that the next beg-a-thon will be for the usual junk. Maybe Bates will come up with a new line and tell us how the ESB is snatching their transmitter room away or some such tripe.

      I think all the recent events with Pacifica just show how out of touch with reality these people are. They can't even pull together and focus on items that are about mere survival. They'd be Gilligan's island starving to death and arguing political nonsense rather than foraging for food.

      By the way, Japanese disaster movies of the 1970s were the best ones, featuring multiple disasters in most films. The Last Days of WBAI... Errr... Planet Earth is the greatest of them, including a Fukashima type disaster, which is why it hasn't been released on DVD, supposedly.

      https://www.youtube.com/watch?v=h1cFvtVCtQQ

      SDL

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  2. If the CA AG pulls the non-profit status of Pacifica, that will eventually trigger the IRS pulling 501c3 status and the FCC will pull the licenses of Pacifica's non-commercial stations. No tax-deductible, no charitable fundraising. However, there MIGHT be a way that Pacifica could keep KPFA and WBAI - and that would be to convert them to commercial licenses - which generally can be requested by a simple letter to the FCC. Since both WBAI and KPFA are in the commercial part of the FM band. However, the FCC might refuse.

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    Replies
    1. I believe WBAI has a commercial license.

      SDL

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  3. "The FCC on Tuesday voted to abolish a requirement that cable systems, commercial TV and radio broadcasters retain some public inspection files." I mention this as I don't know how this could affect WBAI and how they hide things.

    Full article:

    https://www.yahoo.com/tech/fcc-chair-vows-shrink-industry-regulations-172333475--finance.html

    SDL

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    Replies
    1. Deregulation is probably needed in many areas, but this doesn't bode well.

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    2. I am in favor of more regulation at this point, like going back to the days when companies could own only one each AM and FM outlet in a radio market. I am in favor of deregulating broadcast content, like "the seven dirty words."

      SDL

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    3. I totally agree with that. It's when the regulation benefits corporations like the cable companies that I smell a rat. Remember when we were drained by the telephone monopolies?

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    4. Ma Bell, the greedy bitch. That's why I am a strong supporter of anti-trust laws, and, yes, an ardent capitalist, too.

      Deregulating how many stations can be owned by companies eliminates competition when only a few own most, like now.

      I also am a strong supporter of net neutrality.

      SDL

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    5. The requirement only applied to commercial radio stations. They were required to save letters and emails received from listeners, etc and put them in the public file. Non-commercial stations were exempt. The FCC is mandating that everyone move their public file to on-line at the FCC website. Non-commercial stations will have until March 1, 2018. Commercial radio stations in the Top 50 markets should already be on-line.

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    6. No worries. The way Pacifica is going, WBAI may well not exist by March 1, 2018.

      SDL

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    7. A distinct possibility, but this horse has endured amazing beatings—mostly from the inside.

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    8. 99.5 was on a commercial frequency when Lou Schweitzer owned and operated it. Switching it back to that designation was obviously possible back in the Sixties, because I recall it accounting for heightened value and interest. So, unless FCC regulations were changed in this regard...

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    9. You know what I have said for a couple of years - WBAI's fate will be decided by the actions in California. Well, it looks like one thing after the other is tearing away at Pacifica now. It has never been this bad before. In the past it was mainly money trouble, but now it's also serious legal troubles.

      Even Rasputin eventually died.

      SDL

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    10. I just thought of an old song that one might apply to WBAI: "The music stopped, but we kept on dancing..."

      Rasputing's legacy lives on... having just entered Black History Month, perhaps Bates will tell us that this shadowy legend was Afro-Russian. :)

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  4. Hmm. A PNB meeting on Thursday called by Grace Aaron, Bill Crosier and Jan Goodman to talk with pro bono attorney about matters requiring the confidential advice of counsel about legal confidential issues.

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    Replies
    1. Anyone have a take on the competence or lack thereof of this law firm?

      ~ 'indigopirate'

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  5. Chris,

    Not Rasputin. Pushkin.

    Ed Manfredonia

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  6. It seems the hammer is falling. There were many opportunities to avoid it. A series of ED's tried but were thwarted by the cumbersome governance structure. Intransigence and procrastination left the legal system to make expensive decisions and it drained the network. And yet it continued and leads to what appears to be the final curtain. Too much so called democracy strangled common sense and suffocated Pacifica.







    ReplyDelete
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    1. Perhaps the fact that there’s limited interest in vainglorious delusional fools alternately murmuring and screeching in a fashion best reserved for street-corner soap boxes may have had just a wee bit to do with it.

      ~ ‘indigopirate’

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