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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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