http://www.ralphelerner.com Ralph E. Lerner is an Art law and individual tax and estate planning specialist at national general practice law firm. Ralph Lerner's experience consists of advising on a great variety of tax matters including all aspects of estate planning and will drafting, estate and gift tax problems, charitable contributions, trust accounting, individual income tax planning, private foundations, and Tax Court proceedings. Ralph Lerner's experience includes extensive dealings with the Internal Revenue Service at all levels. Ralph E. Lerner has specialized knowledge in all aspects of art law including dealing with auction houses, consignment agreements, artist commission agreements, and tax planning for items of tangible personal property. http://youtu.be/aqDUKnRM8PY

1. Taxation Plus
by
Ralph E. Lerner
RalphELerner.com
ralph@artworldadvisors.com
590 Madison Ave, New York, NY, 10022
(212) 521-4437
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2. Where is the Painting?
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3. Cost
FMV
Deduction (within 30% limit)
Tax Saved (Fed. 35.0 rate)
Cost
UNTAXED PROFIT
$ 1,000
$ 10,000
$ 10,000
$ 3,500
$ 1,000
$ 2,500
and you enjoyed the use of the donated item
for the period of ownership
The Art Tax Shelter
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4. The Four Questions
1. What type of donee organization - public charity or
private foundation?
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5. The Four Questions
1. What type of donee organization - public charity or
private foundation?
2. What type of property - ordinary income type property
or long-term capital gain type property?
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6. 1. What type of donee organization - public charity or
private foundation?
2. What type of property - ordinary income type property or
long-term capital gain type property?
3. Have you satisfied the related-use rule?
The Four Questions
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7. The Four Questions
1. What type of donee organization - public charity or private
foundation?
2. What type of property - ordinary income type property or
long-term capital gain type property?
3. Have you satisfied the related-use rule?
4. Have you obtained a qualified appraisal by a qualified
appraiser?
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8. FUTURE INTEREST RULE
Section 170(a)(3) - There is no charitable deduction for a gift
of a future interest in tangible personal property until there
is no intervening interest in, right of possession of, or
enjoyment of the property held by the donor, spouse or
certain related individuals. http://www.RalphELerner.com/

9. FRACTIONAL INTEREST
Winokur v. Commissioner
Women of Warhol
Marilyn, Liz & Jackie
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10. CHARITABLE
REMAINDER TRUST
However, an income tax deduction
would be allowed under section
170(a)(3) when the trustee sells the
musical instrument.
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11. FMV
COST
GAIN
TAX
NET
7%
$5,100,0000
100,000
5,000,000
1,850,000
3,350,000
227,500
$5,100,0000
100,000
5,000,000
- 0 -
5,100,000
357,000
129,500
per yr.
28% LTCG
more per yr.
Note: 3,250,000 subject to 50%
Estate tax leaves Net $1,625,,000
(Fed + St)
per yr.
35.0% LTCG
2 children and spouses
6 grandchildren
10 x 10,000 =
tuition
equalizes after 12 years
$100,000
30,000
130,000
1.170A-4(b)(3)(i)
The use by a trust of tangible personal property contributed to it for the benefit of
a charitable organization is an unrelated use if the use by the trust is one which
would have been unrelated if made by the charitable organization.
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12. Edgar Degas,
LANDSCAPE WITH SMOKE STACKS
Pastel over monotype, ca. 1890-93
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13. FAIR MARKET VALUE
Hypothetical Willing Buyer/
Hypothetical Willing Seller
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14. Quedlinburg Treasures
Fair Market Value is determined in the retail market
in which the item is most commonly sold to the
public. http://www.RalphELerner.com/

15. Rev. Proc. 96-15
Advance Valuation Ruling Request
1. Applies to items $50,000 and above
2. User fee of $2,500 for first three items, $250 for each
additional item
3. Requires a qualified appraisal by a qualified appraiser
4. Can be used for income tax or estate tax purposes
5. The ruling, once issued, is binding on the IRS
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16. STATUTE OF
LIMITATIONS - TITLE
§ 2-275
1 - prompt filing of suits
2 - protection for a defendant after period of repose -
evidence can be lost or destroyed with passage of time
3 - promotion of free trade
An action for breach of any contract for sale must be
commenced within four years after the cause of action
has accrued.
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17. Patriarchate of Jerusalem
v. Christie’s
An owner’s reasonable diligence
in locating his lost property is
highly relevant to a laches
defense
Doing nothing for 70 years is not
reasonable
Archimedes Palimpsest 10th
century manuscript contains
writing of Archimedes
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18. STATUTE OF LIMITATIONS -
AUTHENTICITY
Rosen v. Spanierman
Four year statute of limitations
applies.
A warranty of authenticity does
not extend to future
performance of the goods.
Lack of knowledge of the breach
is not a defense.
The Misses Wertheimer
John Singer Sargeant
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19. BALOG v. CENTER ART
GALLERY
Hawaii
In the case of artwork which is certified authentic by an expert in the
field or a merchant dealing in goods of that type, such a
certification of authenticity constitutes an explicit Warranty of
future performance sufficient to toll the U.C.C.’s statute of
limitations - but only in Hawaii http://www.RalphELerner.com/

20. DAMAGES - BREACH WARRANTY
TITLE
Menzel v. List
1932 - Menzel Purchases for $150
1941 - Painting taken by Nazis
1941-1955 - Location not known
1955 - Perls purchases from dealer
in Paris for $2,800
1955 - Perls sells to List for $4,000
1962 - Menzel say “Give it back”
1966 - Jury for Menzel - value now
$22,500
Jacob’s Ladder
Marc ChagallMeasure of damages $22,500
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21. DAMAGES - FRAUD
Nacht v. Sotheby’s
1981 - Nacht purchases for
$23,815
1996 - Nacht discovers it is not
authentic - if it was
authentic value
$225,000
Measure of damages $23,815 Francis Picabia
Josias
1930
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22. ROTHKO
Avoid Conflicts of Interest
Duty of Loyalty
An executor must care and manage the assets and affairs of the estate as
would prudent persons of discretion and intelligence accented by “not honesty
alone” but by the punctilio of an honor the most sensitive.
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