In this paper1 I will inquire
into the establishment of the Holdeen Funds and the management of these trust
funds by the Unitarian Universalist Association of Congregations (UUA), the
nominal beneficiaries so designated by the benefactor, Jonathan Holdeen. The
Holdeen Funds have been represented to the Internal Revenue Service and
promoted to the public by the UUA as intended for the impoverished people of
I shall seek to show that there are serious discrepancies between the manner in which the income from the Holdeen Funds are being expended and their ascribed purposes. These manipulations may be serious enough to raise questions about the financial morality of the individuals responsible for administering the Holdeen Funds. Has the Board of Trustees of the UUA contravened the legal limits of the Holdeen Funds in the appropriations for the year 2000? This and other equally contentious questions will be asked throughout this paper and efforts made to answer them. Perhaps it is appropriate to begin by asking, �Who is Jonathan Holdeen?� and �What are the Holdeen Funds?�
I first heard mention of Jonathan Holdeen
at
I discovered that the UUA is a liberal religious organization that has some 200,000 members and 1003 congregations; and is the result of a merger between the American Unitarian Association and the Universalist Association. While small in numbers the Unitarian Universalists (UU) have had a far greater political representation in proportion to their numbers in the formal politics of State than most denominations. They are noted for taking bold social positions and are usually at the forefront of political, social and religious controversies that come before change and have been so since their inception in 1825. (See Chapter on William Roberts).
I skipped my second year at seminary to
find out more about my new religious home by beginning a ministerial internship
at the May Memorial Unitarian Society,
It is now no longer difficult to access information on non-profit, charitable organizations that seek public financial contributions.5 In an article posted on the World Wide Web in October 1996 Chuck Shepherd, editor and compiler of the column, �News of the Weird,� wrote,
The Unitarian Universalist Church and
heirs of Jonathan Holdeen settled their 20-year-old dispute on the disposition
of Holdeen's estate, which was created in 1945 as a
series of trusts that eventually would have amassed so much money they would
have allegedly have funded the entire federal government and rendered taxation
unnecessary. In fact, the Church which was a nominal beneficiary of the trusts,
argued for their abolition in 1977 on the ground that they would soak up so much
of the world's money that the administrators of the trusts would become too
powerful.6
Shepherd compiled his column from actual news articles, and readily provided the source of the report upon my request. As it turned out the primary reporter for the stories on Jonathan Holdeen and the trusts he created was L. Stuart Ditzen.7 Ditzen reported on the court hearings between the UUA and Janet Adams Holden, Jonathan Holdeen�s daughter, in the Philadelphia Inquirer.8 These reports, along with United States Tax Court Reports,9 Form 990s filed by the Holdeen Funds10 make up the primary non-UUA sources for this paper. The majority of other sources for this paper come from UUA postings on the World Wide Web.11 The other significant organization whose record was examined for this paper is the Liberal Religious Charitable Society Inc.,12 a non-profit organization that is associated with the UUA.
The biographical material on Jonathan
Holdeen presented here is culled from U.S. Tax Court reports.13
(This strange man did not even warrant an obituary in the New York Times).14 The court
reporting reveals that Jonathan Holdeen was born Jonathan Holden in Sherburne,
�In
1932 he established an office in
Holdeen married Stella Hamblen in 1910 and by 1957 they had ten children and
twenty-five grandchildren.16 In 1931 Jonathan changed his surname
from Holden to Holdeen in an apparent attempt to distinguish his family as " the
Holdeen was motivated in his unusual
plans for the governments of the world by Benjamin Franklin. As Holdeen noted
in his article, "Should Thrift be Nationalized?",
which was published along with other papers by Oswego Press,
One of the first American statesmen
performed an act which is suggestive of possibilities. When Benjamin Franklin
died, it was found that besides providing for his children, he had made a
number of philanthropic bequests out of his modest estate, two of which were
unusual. He gave two funds of five thousand dollars each, one for
An interesting afterword to Franklin�s wish for posterity was that the Massachusetts Legislature in 1958 tried to expropriate Franklin's Boston Fund,21 and Holdeen �printed and sent to the members of the Legislature a protest against such action�.22
Holdeen opined that society in general would not address such questions as frugality and thrift and decided that it was possible that an individual had �it in his power to set in train, a process which will contribute more forcefully to that end than exhortion".23 He set out to be that individual by entering into "some 186 agreements with his adult daughters or friends."24 He maintained the principle of providing for his family first, including his children, nephews, nieces and grandchildren, with a part going to charity. This would later become one of the contentions raised by lawyers for the IRS, and the UUA�s lawyers, in efforts to breakup the Holdeen trusts. The experts testifying for the UUA argued that the trusts created by Holdeen�s scheme were a plot to empower and enrich his family out of all proportion to what can be considered appropriate and beneficial to the issue of a tax free environment in Pennsylvania.25 Holdeen had named tax exempt organizations including the American Unitarian Association as the nominal beneficiaries,26 anticipating such challenges from the IRS who saw his schemes as an elaborate effort to avoid taxation. Holdeen could not have anticipated the AUA�s merger with the Universalists or that the succeeding organization, the UUA, would not live up to his expectations of financial morality. The leaders of the UUA whom Holdeen chose over his family or the State would eventually betray his faith in them, as I shall demonstrate through this paper.
Holdeen�s trusts were simple in their concept and in the math. In designing
his scheme Holdeen set aside a total of $2.8 million in varying sums and at
different times, stipulating that the income from the investments be allowed to
accumulate. After a period of five hundred years, and in some instances a
thousand years, the principal and accumulated income was to be paid to the
State of
As early as 1913 Holdeen willed that a
portion of his estate be used to promote his ideas, encouraging the nations of
the world to accumulate enough income to meet expenses of government without a
requirement for taxation.28 Was he already moving past his mentor
Benjamin Franklin who is thought to have coined the saying, �Only death and
taxes are inevitable�? Holdeen, perhaps hearing an echo of Benjamin Franklin's
claim, may have decided to prove his hero wrong on at least one of the two
counts. He wanted to make
Holdeen was aware that his was an
experimental idea and would be subject to challenge. He conceded that "the
history of the past, with its records of invasions and revolutions proves that
� an accumulated endowment � created two thousand years ago �would not (have)
survive (d)"32 to 1912. Yet Holdeen was persuaded that advances
that had been made in successive civilizations made it possible for futuristic
thinking on his scale. He was sufficiently convinced that the time for his plan
to eliminate waste and provide future leaders with resources to do the work of
government was at hand. Holdeen believed that the inhabitants of the earth had
reached "a stage of civilization when vested property rights will be
unmolested even in case of conquest, unless they unusually conflict with the
common welfare".33 Holdeen cited the example of William of
Wickham and his endowment for Winchester College, England in 1393,34 which had withstood the test of time, as a
model for his faith in his system.� Holdeen's effort to follow his vision for the fiscal
independence of the governments of the world was, however, challenged from two
quarters, the IRS and the UUA. His efforts to defend the trusts occupied him,
and after he died in 1967, his daughter, Janet Holden Adams, for the better part
of fifty years.35
To accomplish his goal Holdeen put money
over the years into a number of trusts and made the American Unitarian
Association and other non-profit organizations the nominal beneficiaries, with
control in the hands of his descendants and the final beneficiary the State of
Pennsylvania.36 It was part of the plan that the AUA use their
portion of income to assist the natives of India, their descendants and Asians
in general.37 As soon as Holdeen died challenges were made to the
trusts. No one seemed to like the scheme, except perhaps the taxpayers of
The government of
The first challenge to his unorthodox
vision came from the Internal Revenue Service which, not unexpectedly
"waged a 30-year legal battle to prove that the trusts were part of an
elaborate scheme by Holden [sic] to
avoid taxes and benefit his family."39 Jonathan Holdeen,
succeeded by his daughter, Janet Holden Adams, successfully staved off the
challenge of the Commissioner of Internal Revenue. In 1975 the judge held that
the trusts initiated in 1945 were legal and "had no taxable incomes in the
years involved."40
This was not the end of Holdeen's problems. The UUA now took their turn at breaking the trusts.
The Court reports indicate that Holdeen,
based on correspondence he had with Percy W. Gardner, had on 8 November 1944
invited the AUA to participate in his financial plan. In his letter he had
specifically offered the AUA the opportunity to make any revisions.41
At that time the American Unitarian Association agreed
with and gave legitimacy to Holdeen's plan in return
for a small portion of the income from his scheme. The participating of a
non-profit charitable organization was necessary for Holdeen�s
scheme to conform to
"DREAM TO END TAXES NOW A NIGHTMARE
(-) LAWYER WANTED TO USE INCOME FROM TRUST FUND TO RUN
Nor was the State prepared for Holdeen�s plan. As Ditzen
observed the "
The UUA argued through its lawyers that "piling up money for 500 and 1,000 years was an unreasonable and potentially dangerous"44 activity for a charitable trust. Under the sub-heading, "Doomsday Predictions" the newspaper commented: "During the drawn-out proceedings in Orphans Courts in the 1970's church lawyers presented experts who made hand-wringing predictions about the fast-growing Holdeen trusts."45 Holdeen's plan was once again under attack - this time from the very Church that had agreed to legitimize it. The UUA's lawyers presented experts to persuade Judge Edmund S. Pawlec that the trusts if allowed to "continue for hundreds of years � would balloon so large that they would sponge up all the money in the world."46 One economist declared "that the trusts would grow so big that 'they [Holdeen�s descendents] would absolutely own the world'."47 Another direly predicted, "Any time you wanted to make a telephone call or take a trip � you would be paying money to the Holdeens. � And everyone in the world would work for the Holdeens'."48 The Holdeen family countered by presenting Gardner Ackley, former chairman of the president's Council of Economic Advisers, as their witness: "Ackley scoffed at the Church's experts. He testified that Holdeen's notion was a good idea."49 Ackley�s testimony was not sufficient to sway the judge�s opinion. Judge Pawlec found Holdeen's plan to be "contrary to public policy".50 In his 1977 opinion Judge Pawlec wrote:
The expressed purpose [of the plan] is
so visionary, unreasonable and socially and economically unsound that we must
conclude the entire plan is charitably purposeless, contrary to public policy
and hence void.51
Two years later the Pennsylvania Supreme Court upheld the Judge's opinion and the Holdeen trusts were broken.52
The portions of incomes from the trusts due to accumulate toward Holdeen�s grand objective of a tax free Pennsylvania was now to be turned over to the UUA. The UUA, which had been invited to participate in Holdeen's long range vision to alleviate the burden of taxation in return for one five-hundredth of the income was now to receive "all the income of the trusts, past and future."53 Janet Holden Adams was still the trustee and was not ready to give up the ghost. It must have been difficult for a daughter to see her father's dream end in this way. She responded by holding back the trust income to the UUA.54 "And she started giving money to other charities. 'Once they broke the trust, I figured, heck', she says by way of explanation. 'I wouldn't give them a nickel if I had a choice'."55
The UUA proceeded to bring lawsuits against
Janet Holden Adams that lasted for 20 years. The legal battles could have ended
here but unfortunately for Janet Holden Adams, who was now 82, the UUA began
accusing her of "mismanagement, self-dealing and fraud � [and] demand[ed]
$12 million in damages."56
The UUA had been unremitting in its efforts to challenge Janet Holden Adam�s management of the trusts. Their lawyers, no less aggressive, had charged $932,000 by March 1994, to be paid out of the Pennsylvania trusts.58 The Church apparently had been transformed during this process and began behaving as "the IRS had done in the 1940's and 50's and 60's, [sending] accountants to scrutinize the books and records".59 Yet by 1986 the UUA had apparently backed off from their difficult position, with lawyers for the Church telling Judge Pawlec that they were satisfied with the way the trustees had managed the investments.60
Three years later, however, the UUA sent
its lawyers out again demanding that the trustees be changed, and
Listed below are excerpts from six Form 990�s filed with the Department of the Treasury, Internal Revenue Service, by First Union National Bank (as trustees) for the Holdeen Funds and the income received by the UUA for 1999:
���������������� Fund Number�������������������������������� UUA�s Income
���������������� Holdeen Fund 45-10�������������������������������� $258,423
���������������� Holdeen Fund 50-10�������������������������������� $75,128
���������������� Holdeen Fund 46-10�������������������������������� $25,973
���������������� Holdeen Fund 47-10�������������������������������� $933,130
���������������� Holdeen Fund 54-120��������������������� $61,963
���������������� Holdeen
Fund 55-10����������������������� � ������� $339,00664
���������������� Total������������������������������������������� ����������� $1,793,623�����������
In each of these filings with the IRS the response to the question, �Purpose of grant or contribution� (Part XV 3A) is,
For endowment or other use in aid of
maternity, child welfare and educational and migration expenses of natives of
The IRS documents provide final
confirmation that the Holdeen Funds are inextricably linked to the people of
1. Self-Employed Women�s Association, a self-governing union founded in 1971 with a current membership of over 30,000. SEWA runs a cooperative bank, a self-funded social security plan, and various income-producing ventures, and has advocated for policy changes for unorganized sectors of society.
2. Deccan Development Society promotes village self-help through cooperative women�s groups called sangams. Now there are more than 30 sangams which have made over 200,000 rupees available for short-term loans to help support change in farming communities.
3. Annapurna Mahila Mandal is building a women�s center, and helping secure bank credit for the thousands of women who support themselves by preparing meals for unattached men who left their villages and families to seek work.
4. Vidhayak Sansad attacks the problem of bonded labor, when a debtor is forced to pay off a landlord�s loan by working exclusively for the landlords. Such people have no right to bargain, strike, or leave; though bonded labor was technically outlawed in 1976, more than 2 million people are still in its thrall. Vidhayak Sansad trains people to seek their freedom, teaches them how to avoid debt, and has developed employment projects for newly freed laborers, displaced tribals, and other �untouchables.�
5. Mahiti helped villagers in a perennially drought-stricken area design and build an innovative rain collection project, so that people and cattle can survive and thrive in areas where disease and fighting over life-saving water was the previous order of the day.
6.
Shakti Shalini's focus is on preventing dowry deaths,69 as well as dowry harassment cases, divorce,
and violence against women. A dowry death occurs every 36 hours in
Sreedhar informs me71 that these programs which commenced in 1984
are of great benefit to the people who receive the support. Recently the
Holdeen India Program scored a coup when the Robert Kennedy Foundation honored Martin Macwan, a Holdeen
partner, with its Human Rights award on 21 November 2000.72 In the
wake of the recent earthquakes in Gujarat the HIP provided additional support
for the victims through their partner organizations. �The UUA Holdeen India
Program is providing up to $100,000 in special grants to its partners in
There are other interactions that have
(based on reports on the World Wide Web on various trips to
During his presidency of the UUA John A. Buehrens has made frequent references to the various
programs supported by the Holdeen trusts: "We've [Denny Davidoff, UUA
Moderator?] travelled to
�The UUA has also participated in a number of projects in locations outside the context of the trusts with money from the Holdeen Funds (or Holdeen Designation Trust payments as they are referred to in the Minutes of the UUA).77 The table below is an illustration of the UUA's �charitable� grants from the Holdeen Funds for the year 2000.
Liberal Religious Charitable Society Inc. (LRCS)����������������������� $267,000
International Association of Religious Freedom (IARF)��������������� $160,000
Partner Council Church (PCC)����������������������������������������������� �������� $60,000
International Council of Unitarian and Universalists (ICUU) $60,000
World Conference on Religion and Peace (WCRP)������������ � ������� $20,000
Unitarian
The UUA provides brief descriptions of
the above organizations through their Office of International Relations headed
by the Reverend Holmes.79 The ICUU that
received $60,000 was organized in 1995 "to strengthen the worldwide
network of Unitarian, Universalist, and UU congregations". According to
the Reverend Polly Guild the ICUU was formed in response to the need to provide
democratic representation to offshore Unitarian and Universalist congregations
and to avoid the perception that the UUA was "engaging in a form of
beneficent imperialism".80 In elections held in Hungary the
members elected as the President of ICUU the Reverend Jill McAllister of
People's Church in Kalamazoo, Michigan, USA. ICUU's
offices are in
The Partner of Church Council (PCC), which received $60,000, was founded in 1993 "to focus and coordinate the enormous grassroots energy � following the collapse of Communism in December 1989".82 The Council has a web site with information on former Eastern European countries complete with assistance on visa applications and advice for the discerning tourist.83
The WCRP received� $20,000 from the Holdeen trusts and advertises itself as� "an international multi-religious organization dedicated to reaffirming religion's moral commitment to peace and to translating shared concerns into practical, effective action".84 WRCP's has its own very impressive web site and has an institutional structure with thirteen Trustees,85 twenty-four honorary Presidents86 (including John A. Buhrens, President of the UUA), thirty-eight members of what is referred to as a Governing Board,87 and a six member Secretariat.88
The International Association for Religious Freedom, which received $160,000 from the Holdeen trusts, is proclaimed as " a world community of religious organizations that includes 80 member groups in 25 countries".89 Mr. Robert Traer, the outgoing Secretary General, reflecting on his 10 years at the IARF, commented,
The IARF has generally assumed that building relationships between organizations and individuals from different religious traditions is a mark of success, and surely this is a prerequisite for any other positive result. But if these relationships are largely self-serving, then the IARF is more of an interfaith �club� than a service organization. There�s nothing wrong, of course, with enjoying each other�s company but the rhetoric of the IARF promises much more.90
Mr. Traer hits the mark when he suggests that there is a growing school of thought that gives priority to forming �clubs� for �building of relationship.� There is everything wrong, however, if it is paid for with monies that come from the Holdeen Funds, as seems to be the case with not only the IARF but the ICUU, PCC and WRCP too. These organizations led by leaders who should know better are engaging in questionable behavior ethically speaking.
The Liberal Religious Charitable Society
(LRCS), which received $267,000, the largest single recipient aside from the
funds, is much more of an enigma. LRCS does not have a UU web site. I located
three references to LRCS in a cursory search of UUA files on the World Wide
Web. There is the already mentioned reference to LRCS in the budget as
receiving from the Holdeen trusts $267,000 for the year 2000.91 The
other two references to LRCS appear in connection with real estate transactions
in Boston's prestigious Beacon Hill neighbourhood, where the UUA is
headquartered. In one reference, Lawrence R. Ladd, financial advisor to the
UUA, assured the Board of Trustees that the additional debt incurred by the UUA
for real estate purchases will be met by the LRCS. Ladd writes that the LRCS
has promised �to provide $300,000 a year for two years and $150,000 a year for
an additional three years, to help cover costs of this important
initiative".92 Form 990 filed with the IRS records that in 1999
the LRCS made a donation of $520,000 to the UUA.93 Is the Board of
Trustees of the UUA �laundering� Holdeen Funds to pay down property loans
incurred by the UUA? A search on the World Wide Web of non-UU sources disclosed
the following information on LRCS. The LRCS is a non-profit organization with a
registered office at
The other officials of LRCS in 1999 were:
President: ����������� William N. Holway,
2645 East 35th.
Vice-President:����� Dr. Robert Adelman,
1540 Beachwalker, and
Directors:������������ Dr. Charles Davidson,
������������������������� Mr. Robert E. Senghas,
54 Rivermount Terr.
������������������������� Judith W. Pickett,
������������������������� Jerry Gabert,
������������������������� Lucia B. Santini Field,
���������������� Carol
O. Orts,
Mr. Jerry Gabert
is also the Treasurer of the UUA and one of three signatories authorized to
individually sign checks up to $5,000 in �a bank account to hold funds
associated with the Holdeen India program. This account was opend
with BankBoston on
The official documentation shows the UUA continue to claim that the funds are for Indians and Asian migrants and their descendants. Yet the allocation of grants to ICUU, WRCP, IARF and PCC clearly represent a diversion of the funds. The allocation of $267,000 to the LRCS which is than re-funneled into the UUA�s treasury to pay for real estate is, if it is true, a gross injustice.
It is true that the Holdeen India Program
spends some of its share of the Holdeen Funds in
Since my efforts to gather information
from the UUA on the activities of the Holdeen Fund have not been successful, I
can only hazard an educated guess as to what Holdeen would have thought of the
airplane travel between
The effort to house a multi-million
dollar corporation in small house in a small town in
Yet Holdeen is dead and his daughter,
Janet Adams Holden, has given up on her quest to protect her father�s legacy.
The descendants of the natives of India, the first and second generation Indian
and Asian immigrants who have been in this country for some years, have not
been asked to participate in any concerted effort to join the UUA. (See the
chapter on East Indian Immigrants and Unitarian Universalism). The poor in
Therefore, the matter must finally rest in the hands of what is, after all, a democratically governed association of congregations made up of some of the most ethical and progressive people in the United States. There is no other recourse but to ask the member congregations of the Unitarian Universalist Association of Congregations to monitor the activities of their elected and appointed officials. In the absence of responsible oversight by the member congregations of the UUA, the poor peoples of the world are in danger of losing their inheritance, and the Unitarian and Universalists their reputation.