Colleagues,

I've done quite a bit of research into this and infact gave a paper on the
topic a couple of years ago.  I have to agree with almost everything
everyone has said so far, but I offer one small, but perhaps useful point
in addition to what John Handley has said:

>    If the donor wants to take a tax
>    deduction in '95, then the museum (or a museum representative such
>    as a lawyer) must have physical possession of the piece by Dec. 31.

A bit more broadly, it has to be in the hands of the museum's *agent*
which can include such agents as attorneys,  but also such agents as a fine
arts trucking company which has picked it up and has not yet had the
opportunity to deliver it to the museum, or even an agent such as a storage
facility contracted for by the museum (obviously relevant if the object
does not fit into the museum for whatever reason).

Also, with all due respect to Julia Gelfand's obvious talents as a
reference librarian, I disagree that we should be contacting CPA's.  If
anything, *legal* advice should be sought because the issues go beyond the
usual scope of a CPA.  I would like to point out, however, that the
responses to this list on the issue of year end gifts have come from people
who have been steeped in these issues by dint of their careers and they are
very knowedgable.  Many of us who have responded deal with year end gifts
every year and we have certainly had legal advice on how to proceed.  We
would be irresponsible to speak out authoritatively on these issues if we
weren't knowedgable.  That said, I would urge people to attend the ALI-ABA
course, Legal Issues in Museum Management, or at least buy the proceedings.
There is almost always a session on this topic at the annual AAM meeting,
check back issues of the conference source books.  I also gave a paper on
this topic at Midwest Museum Association a year or two ago and would be
happy to send a copy to anyone who does not have access to the source book
for that conference.

Suzanne Quigley
Head Registrar, Collections and Exhibitions
Solomon R. Guggenheim Museum
1071 Fifth Avenue
New York, NY 10128
212 423 3568
fax: 212 423 3650
email: [log in to unmask]