P m
1023
(ROT Sapismbet 1998)
Application for Recognition of Exemption
Under Section 501 (c)(3) of the Internal Revenue Code
GepBrtrncnId Ilia Tieaaq
OM6 NO.1545-005B
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Read the instructions for each Part carefully.
A User Fee must ba attached to this application,
If the required Information and appropriate documents are not submitted along with Form 8718 (with payment of the
appropriate userfee), the application may be returned to you,
Complete the Procadural Checklist on page 8 of the Instructions.
Identification cif Applicant
2 Employer idantifidion number (EIN)
(If none,sw page 3 of ths Specifit instructions.)
1a Full name of organization (as shown in organizing document)
47-0825376
The Attache Software Foundation
1b cfo Name (if applicable)
3 Name and telephone number of person
to be contacted If additional information
is needed
Room/Suite
1c Address (number and street)
Ryan Lindsay
1200 "N" Street, Suite 102
I d City, town, or post office, stat@,and ZIP 4. If you have a foreign address,
see Spscifn; Instructions for Part 1, page 3.
+
W2} 441-5710
4 Month the annual accounting period ends
April 3 0
5 Date incoipoi'ated or formed
March 26,1999
Lincoln, NE 68508
6 Check here If applying under section;
1e Web site address
~ttp://www,apache.ow/
a a 5 0 1 ( e ) bQsoi(f) cQ(501(k) dasoi(n1
7 Did the organization previously apply for rrecognition of exemption under this Coda section or under any
Yes [^ NO
offie?section of the Code? ...............................................................
I f "Yes."attach an explanation.
........................... MA g] Yes No
8 Is the organization reouired to file Form 990 (or form 9@0-~2}?.
If "No," attach an expianation ( s e page
~
3 of the Specific Instructions).
Yes [xj No
9 Has the organization filed Federal income tax returnsor exempt organization information returns?. ........
If "fe~,"state the form numbers, years filed, and !rrternat Revenue office where filed.
Return will be file by due date of return, September 15,200k
a
10
Check the box for the type of organization. ATTACH A CONFORMED COPY OF THE CORRESPONDING ORGANIZING
DOCUMENTSTO THE APPLICATION BEFORE MAlUNG. (SeeSpecific Instructions for Part 1, Line 10, on page 3.) See
also Pub, 557 for examples of organizational documents.)
Corporation -Attach a copy of the Articles of Incorporation (including amendments and restatements) shewing
approval by the appropriate state official; also include a copy of the bylaws.
a
b
c
a copy of the Trust indenture or Agreement, including all appropriate signatures and dates.
a Trust a Association -Attach
a copy of the Articles of Association. Constitution, or other coating document, with a
declaration ($ee Instructions) other evidence the organization was formed by adoption of the
Attach
of
document by more than one person; also include a copy of the bylaws.
If the organization is a corporation or an unincorporated association that has not yet adopted bylaws, check here È
a
I deciara under the penalties of ~erjurythatt am a'JlbgrtzBd to sign tnis ~~piicatfm
on behalf of ha abow orgsfll~ttonand that I have exam'nnd thi'sapplicgUon. indudin0
ft6 aeeampanylng~chad'~les
and attachments, w d to tho best of my Imowiftrige it Is h a . mrres!, and comptete.
Please
For P a p w o r k Reduction Act Notiw, see page 7 of the Instruedons.
ISA
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1-1
Activities and Opemtiona\ Infomation
1
-
Provide a detailed narrative description of all the activities of the organization past, presort, and planned. Do not merely
refar to or repeat the language in the organizational document. List each activity separately in the order of importance
based on the relative time and other resources devoted to the activity. Indicate the percentage of tima for each activity'.Each
description should include, as a minimum, t5e following: (a) a detailed description of the activity including its purpose and how
each activity furthers your exempt purpose; (b) when the activity was or wlil be initiated; and (c) where and by whom the activity
wilt be conducted.
The Apache HTTP Server Project is an effort to develop and maintain an open-source HTTP server software
product for various modern desktop and server operating systems. The goal of this project is t o provide a secure,
efficientand extensible server that provides HTTP services in sync with the current HTTP standards.
The goals of the Apache XML Project are; to provide cowxaercial-qualttystandards-based XML solutioiis that
are developed in an open and cooperative fashion, to provide feedback to standards bodies (such as 1ETF and
W3C) from an implementation perspective, and to be a focus for XML-related activies within Apache projects
This project has been seeded with ~ i ~ c a code
n t contributions from a number of individuals and companies.
The Fouadation was formed to provide à source for open, collaborative software development projects by supplying
hardware, communication and business infrastructure; to create an independent legal entity to which individuals
can donate resources and be assured that those resources will be us& for the public benefit; and to provide a. means
for individual volunteers to be sheltered from legal suits directed at the Foundations projects. The Foundation seeks
to be classified under the scientific purposes of Section 501(c)(3) RS the orga&izatioais using Its research for the
public benefit through the open-source software it develops and sponsors.
The activities of the Foundation were officially initiated in May of 1999. Contributions have beenreceived from
the general public to support the efforts described above. In the Spring of 2000, the Foundation sponsored a
conference to further the efforts of the Foundation in developing the opm-source software. AH activities to date
have been performed by volunteer members and officers of the organization. In the future, the Foundation hopes
to titre employees to handle the administration of the Foundation activities.
2
What are or will be the organization's sources of financial support? List in order of size.
The sources of the organization's support are individuals and businesses interested in the continued devdopnient
of the open-source Apache software through the contribution of cash and other support. In addition, the Foundation
also sponsors conferences to farther the progress of the organization's activities.
Describe the organization's fundraising program, both actual and planned, and explain to what extent it has been put into effect.
Includu details of fundraising activities such as selactive mailings, formation of fundraising cornmittem, use of volunteers or
professional fundraisers, etc, Attach representative copies of solicitationsfor financial support.
Tha Foundation's fundraising is conducted formally through the use of the internet web site of the Foundation.
Contributors are able to make contributions through tins site. In addition, the site provides i d o m t i o n on the
activities of the organization and how to contact the orgaBuationi Users of the open-source software also learn of
the orgabbation through the promotion of the Foundatiou through its conferences and work of its members. No
solicitation materials are used at this tune.
3
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Page 3
i o z i (fev.a-aa)
A~tlvitlesand Op~rationalIn$ormation {Continued)
4
Give the following infomatlon abwt ths organizgtiort's govemirtg body:
a Names, addresses, and titles of officers, directors, trustees, etc.
See attached.
b Annual compensation
no paid to board menobet.
c Do any of the above persons serve as tnembere of this governing body by reason of being
public officials or
........................................................
{^
being appointed by public officials?
If ¡Yes,name those persons and explain the basis of their seldon or appointment.
NO
d Are any members of the organization's governing body udisquulified personsnwith respect to tha organization
(other than by reason of being a member of the governing body) or do any of the members have either a
business or family relationship with "disqualified parsons'? (SeeSpecific InstmctTons ft"" Part It, Line 4 4
onpages.)
aYes[SNo
If Yes,"-lain.
...................................,.................,.....................
5
..........................a
Yes [g No
Does the organization control or is it controlled by any other organization?.
1s the organization the outgrowth of (or successor to) another organization, or does it have a special
relationship with another urganfeatlon by reason of Interlwktng directorates or other factors? ....-........0 Yes g ] No
Ifeither of these questions is answered "Yes,"explain.
-
6 Does or will the organization directly or indiredy engage in any of the following transactions with any political
organlasttlon or othar ewmpt organization (other than a 501(c)(3) organization): (a) grants; (4) purchases or
sales of assets; (c) rental of facititiss or equipment; (d) loans or loan guarantees; (e) reimbursement
arrangements; (ft performance of services, membership, or furniraising solicitations: ur (g) sharing of facilities,
equipment, mailing lists or other,assets, or paid employees?
If "Yes," explain fully and identify the other organizations invotved.
.....................................
7
Yas
[¤No
Is the organizationfinancially accountable to any other organization?, .............................. 0Yes
If "Yes, explain and identify the other organization- Iftduds details concerning accountability or attach copies
of reports if any have been submitted.
53 No
page 4
Kinn 1023 (Ftev 9-98]
r x \
Activities and Operational Information (Continued)
*
What assets does the organization have that are used in the performance of its exempt function? (Do not include property
prodvcing investment income.) If any assets are not fully operational, explain their status, what additional steps remain to be
completed, and when such find steps will be taton- !f none, indicate *N/A."
At the present time, t h e only asset of the organization is cash.
8
9 Will the organization be the beneficiary of tax-exempt bond financing within the next 2 years?
organization's
....,. ...... Q Yes (^ No
facilities or operations be managed by another organization or individual under
Q Yes (^ No
a contractual agreement?.
Yes @ NO
b is the organisation a party to any leases?.
If either of these questions is answered "Yes." attach a copy of the contracts and explain the relationship
briween the applicant and the other parties.
lOa Will any of the
...............................................................
...................................................
'll Is the organization a membership organization?, ..............................................Q Yes (^ NO
!f "Yes," complete the following:
a Describe the organization's membership requlremente and attach a schedula of membership fees and dues.
b Describe the organization's present and proposed efforts to attract members and attach a copy of any
descriptive literature or promtutorial materiel used for this purpose,
e What benefits do (or will) the members receive in exchange for their payment of dues?
12a If the organization provides benefits, services, or products, are the recipients required, or will they be
................................................
required, to payforthem?
;. ......
If "Yes," -lain h o w the char~esare determined and attach a copy of the current fee schedule.
0NIA 5 Yes (11 No
b Does or will the organization limit its benefits, services, or products to specific individuals or classes
of individuals?
If "Yes," explain how the recipients or beneficiaries are or will be selected.
.................................................................WA
yes
S] NO
....................................0Yes [3 No
13 D o e or will the organization attempt to influence legislation?.
If "Yes,"explain. Also, give an estimate of the percentage of the organization's time and funds lhat it devotes
or plans to dm& to this activity.
14
0 0 s or will the organization Intervene in any way in political campaigns, including the publication or
distribution of statements?
If "Yes," explain fully.
...............................................................a Yes Px) No
p
m 1023 (RW. baa}
page
5
Technical R~quiwments
1 Are you filing Form 1023 within 15 months from the end of the month in which your organization was
created or formed?.
....................................................................
n Yes Q NO
2
I f you answer "Yes," do not answer questions on lines 2 through 6 bdow.
If ana of the excsptions to the 15-monthfiling requirement shown below applies, check the appropriate box and proceed to
question 7 .
Exceptions -You are not required to file an exemption application within I S months if the organi^atiM:
aa
la a church, interchurch organization of focal unite of a church, a convention or association of churches, or an integrated
auxiliary of a church. See Specific Instructions, Line Za, on page 4;
b Is not a private foundation and normally has gross receipts of not more than $5,000 in each tax year; or
3
c Is a subordinate organization covered by a group exemption latter, but only if the parent or supervisory organizatfon
timely Submitted a notice covering the subordinate,
If the organization does not meet any of the exceptions on line 2 above, are you filing Form 1023 within 27
No
months from b e end of the month in which the organization was created or fonnfid? ................... [^ Yes
If "Yes,"your organization quaiifis under Regulation section 301-9100-2, for an automatic 12-month
extension of the 15-month filing requirement. Do not answer questions 4 through 6.
4
if "No: answer question 4,
if you answer "Noato question 3,does the organization wish to request an extension oftime to appiy under
the."reasorssble action and good faith" and the "no prejudice to the lntsrest tif the government" requirements
of Regulations section 301 .9100.3?
........................................................
a Yes
No
If "Yea," give the reasons for not filing this application within the 27-month period described in question 3.
See Specific Instructions, Part 1!1, Lihe 4, before completing this item. Do not answer questions 5 and 6.
If "No,' answer questions 5 and 6.
If you answer "No90 question 4, your organisation's qualification as a section 501(c)(3) organization can be
recognized only from the date this application Is fited. Therefore, do you want us to consider the application
as a request for cecognitiun of exemption as a section 501 (c)(3) organization from the date the application is
Yes
No
received and not retroactively to the date the organization was crested orformed7 .....................
6 If you answer "Yes" to question 5 abovo and wish to request recognition of serilon 501(c}(4)status for the period beginning with
the date the o r g a n i ~ i i ~was
n formed and onding with the dais the Form 1023 application was received (the effective date of the
organization's section 501 (c){3)status), check here Q and attach a completed page 1 of form i024 to this application.
5
a
pages
Form 1023 (Rfcv. M a )
1-
Technhl Requirements (Cantinuad)
7 Is the organization a private foundation?
["I YQA (Answer question 6,)
No (Answer question 9 and proceed as Instructed.)
8 if you answer "Yes" to question 7,does the organization claim to be a private operating foundation?
Yes (Compkte Schedule E.)
-
a
a
No
After answering question 8 on this line, go to tine 14on page 7.
9 If you answer "No' to question 7,indicate the public charity classification the organization la requesting by checking the box
below that m a t appropriatelyapplies:
THE ORGANIZATION IS NOT A PRIVATE FOUNDATION BECAUSE IT QUALlFlES;
a
Q As a church or a fionvwtion or association of churches
(CHURCHES MUST COMPLETE SCHEDULE A*)
b
e
Ji
As a school (MUST COMPLETC SCHEDULE B.)
As a hospital or cooperative hospital service organization, or a
medical rasearch organization operated in c o n i ~ i n ~ o
with
n a
hospital (These ~rganizations,except for hospital service
organizations, MUST COMPLETE SCHEDULE C.)
Sections 509(a)(1)
and I' 7O(b){l )(A)(!)
Sections 509(a)(1)
and 170(b)(I)(A)(ii)
Section? 509(a)(1)
and l70(b5(1)@)(ill)
Sections 509(a)(1)
As a governmentel unit described in section l7Q(c)(l).
d
B
and 170(b)(1)(A)M
(-1 As being operated solely for the benefit of, or in connection with,
one or more of the organizations described in a through d, g, h, or I
(MUST COMPLETE SCHEDULE 0.)
As being organized and operated exclusively for testing for pubilc safety,
A? being operated for the benefit of a college or university that is
g
owned or operated by a governmental unit.
h [3 As receiving a substantial part of its support in the farm of
contributions from publicly supported organizations,from a
governmental ucit, or from the general public.
As normaily receiving not more than one-thlrti of its support from
i
gross investment income and more thsn one-third of its support from
contributions, membership fees, and gross receipts from acitvitres
related to its exempt functions (subject to certain exceptions).
j
Tha organization is a publicly supported organization but is not sure
whether it meets the public support test of h or i. The organization
would like the 1RS to decide the proper classification,
f
0
a
Section 509{a)(3)
Section 509(a)(4)
Sections 508(a)(l)
and l7Q(b)(1)(A)(vi)
Sectiorta 509(a)(1)
and %70(b)(1)(A)(vi)
Section 509(a)(2)
Sections 509(a)(I)
and 170(b){1)(A)(v))
or Seci'on 509(a)f2)
If you checked one ofthe boxas a through f in questipn 9, go to question
14. If you t t h e ~ b dbox g In question 9, go to questions 11 and 12.
If you checked box h, 1, or j, in question 9, go to question 10,
10 If you checked box h, i, or j In question 9,has the organ'nstiort completed a tsx year of at least 0 months?
[vl Yes -" Indicate whether you are requesting:
A definitive ruling. (Answer questions 11 through 14.)
[xl An advance ruling. (Answar questions 11 and 14 and attach two Forms 872-C completed and signed.)
No --You must request an advance ruling by completing and signing two Forms 8 7 2 4 and attaching them to the
Form 1023.
11 I f the organization received any unusual grants (luring any of the tax years shown in Part IV-A, Statemant of Revenue and
Expenses, attach a list for each year showing the name of the contributor, the date and the amount of the grant; and a brief
description of the nature of ?9 grant.
None
12 If you are requesting a definitive ruling under section 170(b)(I)(A)(iv) or (vi), che& here b Q and;
..........................................
a E~r2%ofilne8,column(e),Total,ofPartIV-A.
b Attach a list showing the name and amount contributed by sach person (other than a governmental unit or "publldy supported"
organization) whose total gifts. grants, contributions, etc., were more than the amount entered on line 12a above.
13 If you are requesting a definitive ruling under section 509(a)(2),check here b
and;
a For each of the years included on lines 1,2, and 9 of Part IV-A, sttach a list showin9 the name of and amount received from
each "disqufiiifiedperson." (Fw a definition of "disquaiififici person,"see Specific Instructions, Part II, Line 4d, on page 3.)
b For each of the years induded on line S of Part IV-A, attach a list showing the name of and amount r~ceivedfrom each payer
(other than a "disqualified person") whose payments to #E organization were more than $5,000. For this purpose, "payer"
includes, but is not limited to, any organization described in sections 1?0(b)(?)(A)(i) through (vi) and any governmental agency
or bureau.
~f" Y W , ~
14 Indicate ff your organization is one nf the following. If so, complete the required schedule, (Submit
cornpfeta
only those schedules that appty to your organization. Do not submit blank schaduSes.)
YBB H b
a
Schedule;
Is the orgartlzation a church? ..........................................................
.............................................
Is the orQanlzation,or any part ofit, a hospital or- medical research organization? ..................
la the organlzatian, or any part of it, a school?
l$ the organization a section 509(a}(3)supporting organization?- ...............................
.........................................
Is the organization, or any part of it, a home for the aged or handicapped?. .......................
Is the organization, or any part of it, a child care organization?. ................................
Does the organization provide or administer any scholarship benafits, student aid, etc.7 .....--......
Has the organization taken over, or will it take over, tha facilities of a "forprofit" institution? ...........
Is the organization a private operating foundation?.
x
H
X
1
I
page 8
Form 1023 { ~ e v9-6fl)
,
1-
Financial Data
Complete the financial statements for the currant y w and for each of the 3 years IrnmedlatQlybefom it. I f in existence less than 4
ears. mmalete the statements for each year h existence. If In existencu IBSSthan 1 year, aka provide proposed budgats for
the 2 p a r s following the current year.
A. Statemant of Revenue and Expenses
Current
3 prior tax years or proposed budget for 2 years
1
1 G i h , g m s , and wnkibutions
received (not Including unusual
grants see page 6 of the
-
1
tax year
'
(a) ~ o r 5/99
n
4/30/00
( c ) 5~112001 (d)
4/30/2002
95,000
75,000
(b) W O O 0
4/30/2001
,
................
instructions).
2 Membership fees received
3 Gross investment income (see
......
instructions for definition) . . . . . . .
45,278
(e) TOTAL
1
215,278
I
305
500
500
1305
95.500
216,583
A. Net
- - income from oraanization's
unrelated business activities not
included on fine 3
à Tax revenues levied for and either
paid to or spent on behalf of the
............
organization
................
S Vaiue of services or fadlities
furnishad by a governmental unit
to the organization without charge
(not intiuding the value of sen/leas
or faciiities generally furnished the
public without charge). ........
7 Other Income (not including gain
of toss from sale of capital assets)
(attach schedule) ............
8 Total (add lines 1 through 7 ) .
9 Grosa receipts from admissions,
saies of merchandise or sewtees,
or furnishing of facilities In any
activity that is not an unrelated
business within the meaning of
s e d ~ n51 3. Include relatedcost
of sales on line 22. ...........
10 Total (add lines Band 91.. .....
11 Gain or loss from sale of capital
assets (attach schedule), . . . . . . .
..,
45,583
..............
12 Unusual grants
13 Total revenue (add lines 10
through 12). ...........+..a.
\
75.500 1[
I
45,583
75-500
95.3 00
.......
14 Fundraising expenses..
15 Contributions, gifts, grants, and
similar amounts paid (attach
schedule)
16 Disbursements to or for benefit of
members (attach schedule). .
...................
..
..
. . ..
Other (attach scheduie) .......
20 Occupancy (rent, utilities, eta.)
21 Depreciation and depletion
22
23 Total expenses (arid lines 14
through 22). .......*..."....
'
216,58:
$@R$2gg$T$$.$;
. w ,,i.i' ,+,yx-.+r+
.
kg&@.?*,;
A..+hP+#";+.?
is**,
^,*:*l.y/;...
,f't'lUff
,L
1 t~8.i.
,.'-.b
10,000
20,000.
>>+L
$-.-,.
A
.,
P
:
-Â¥...
j
"~-L4.-fi,..~.+:~G~
,.-, ~~-fi-3,~~1?+;:~~.'fiÂ
;?Jc',^^-^^
.,+; ~ (
......l %
-4
,I
Â
,b<->.-.
-A
~ ~
-
Financial Data (Continued)
Cumnt tax year
B. Balance Sheet (at the end of the period shown)
Assets
1 Cash
........................................................
Accounts receivable, net
3
Ifiventori~s,,,,,
4
Bonds and notes receivable (attach schedule)
5
Cotporats stocks (attach schedule)
9
10
11
1
1
.......................................................................
2
8
o a i e m f l
..............................................................
.......................................
................................................
...................................
Land ....................................................-..................
Othar assets (attach schedule), ...................................................
Total assets (add Sines 1 through 10 ........................................
Depreciable and depletable assets (attach schedule]
Liabilities
............................................
3
Contributions, gifts, grants, dc.,payable
14
Mortgages and notes payable (attach schedule).
15
16
19
1
I
......................................
Other liabilities (attach echdute) ..................................................
Total liabilities (add lines 12 through 15). ....................................
Fund Balances or Net Assets
I I
If there has been any substanlia! change in any aspect of the organization'sfinancial activities since the end ofthe period shown
-