David,

While I realize you are asking for solid knowledge not advise, I
believe it does not matter if the donor and spouse are filing a
joint return and the gift is just from one.  After all, my
paycheck is mine not my wife's, yet we file both on our joint
return.  More to the point, we have always pooled our deductions
and taken them off our joint return--this is how I did it when I
prepared our tax return and now that I have an accountant, that
is the way he does it as well.  More importantly, why are you
concerned with how the donor's taxes are filed?  It is not your
problem/concern.  If the donor is asking your opinion, tell them
you are not a tax expert and suggest they contact an accountant.
I was a stockbroker for 12 years before becoming a registrar and
I learned very quickly that how people handle their taxes is not
my concern.  My concern as registrar is try to prevent my museum
from incurring the wrath of the IRS.  As for multiple donors,
i.e., siblings, I would have all of them sign the contract of
gift.  In that way, they have additional proof that all have a
share in the value of the deduction and the museum has covered it
bases to prevent someone coming back and trying to reclaim the
donation based upon the fact that the museum does not have their
signature on the contract of gift.

My final word of advise is that if you are worried that only one
signature will cause future problems for the museum, then by all
means, get both signatures.

Hope this helps,

Tim Bottoms






"David E. Haberstich" <[log in to unmask]> on 03/31/2000 01:31:03
AM

Please respond to Museum discussion list
      <[log in to unmask]>

To:   [log in to unmask]
cc:    (bcc: Tim Bottoms/NHC)

Subject:  Re: Policies on new acquisitions




If I may, I'd like to piggyback onto this thread with a different
question
about new acquisitions.  Can someone give me some solid
information about
gifts to museums vis-a-vis U.S. income tax regulations?
Specifically, I'd
like to know if there is anything wrong with giving a significant
donation
(in terms of value) to a museum in the name of a single donor,
then having
the donor deduct it in a joint tax return with his or her spouse?
In other
words, is there any reason a married couple should be prohibited
from filing
a joint return if one spouse has donated a gift solely in that
person's name
(because it was owned by only one spouse, not both)?
Alternatively, if in
completing an 8283 form in which it is clear that the couple
intend to file a
joint return, should the museum be concerned that only one spouse
signed the
gift agreement?  It seems to me that it shouldn't matter.   Am I
right?  I'm
interested in specific regulations and guidelines, not mere
opinion.  Advice
from someone experienced in this area would be greatly
appreciated.

A related question: When several people who cannot file a joint
tax return
(e.g., siblings) jointly donate a collection, does each donor
submit a
separate 8283 form, claiming a portion of the appraised value?

Question #3:  Can someone explain to me the point of copying and
resending to
the list, without comment or response, a complete post from
someone else,
including the "important subscriber information"?

David Haberstich

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