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Subject:
From:
"David E. Haberstich" <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Wed, 9 Mar 2005 00:10:43 EST
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In a message dated 3/8/2005 2:12:42 PM Eastern Standard Time, 
[log in to unmask] writes:

<< 1. Does the possible "donor" have legal papers showing what exactly
 he/she donated?
 2. How do you know if he is not wanting things that were really never
 his/hers?
 3. Did the "donor" make an earlier IRS tax claim on the items, now
 wants the items back? >>

...whereas the original inquiry stated: "I have a donor that would like his 
loan back, but I cannot find almost any of his stuff." If we are really talking 
about a loan, I'd suggest that you begin by not calling the lender a "donor," 
as this apparently incorrect term is already causing confusion.  Or is "loan" 
the incorrect word?  Is there uncertainty about whether the transaction was a 
gift or a loan?  It isn't clear to me whether the papers documenting the 
transaction are also missing, but if they are, I would concentrate on locating the 
papers first before worrying about the artifacts.  You need documentary proof 
as to whether the original transaction was considered a gift or a loan.  A 
gift should not be returned to the donor except in unusual circumstances, due to 
IRS and other considerations, and you can diplomatically explain this to a 
donor.  Although being unable to locate donated items is troubling and 
embarrassing, missing loans are a far bigger headache because loans naturally assume 
the eventual return to the owner.  So which is it, a loan or a gift?  

Good luck in straightening this out.  

David Haberstich 

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