> Date:    Wed, 9 Mar 2005 00:10:43 EST
> From:    "David E. Haberstich" <[log in to unmask]>
> Subject: Re: Missing artifacts
>
> 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

A related question:  at the John Rankin House in Ripley, Ohio, there are
several items that were loaned by a descendant sometime in the early 1960s.
 However, there doesn't seem to be any loan documentation.  Should a
descendant show up wanting these items returned, how would he/she prove
ownership?

Susannah West
Ripley, Ohio

=========================================================
Important Subscriber Information:

The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes).

If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes).