[pianotech] (tax deductions) (was no subject)

Kendall Ross Bean kenbean at pacbell.net
Sun Dec 7 13:19:35 PST 2008


Kendall had asked for my experience on this issue of tax deduction.   Now, I
am not a tax accountant. But, I have spent 25 years as a piano appraiser for
Piano Finders and have handled many IRS 8283 forms, which is the form that
has to be filled out by any donor claiming more than $5,000 of value on a
deduction.  I have placed fair market values on more than 3,500 pianos after
a qualified piano technician has inspected them.   

Any donor claiming more than $5,000 in value for a donation, who wants a tax
deduction, has to submit an IRS 8283 form with their tax return. 
 
The value placed on the IRS 8283 form by the appraiser needs to be "Fair
Market Value" "FMV is the price a willing, knowledgeable buyer would pay a
willing, knowledgeable seller when neither has to buy or sell."  See:
http://www.irs.gov/pub/irs-pdf/i8283.pdf

Section III of the 8283 form defines what the IRS requires of an independent
third party appraiser.  Section IV is signed by the non-profit receiving the
donation.  As an appraiser, I will only sign this form in Section III if I
am not an officer of the non-profit receiving the donation.  And I also will
only sign this form if I am not re-selling the piano for the non-profit as a
broker later representing Piano Finders.   The independent third party
appraiser can have no conflict of interests when signing this form. For this
reason, when I am signing the form on behalf of a non-profit that I am
Executive Director of, I have always suggested that the donor hire an
independent third party appraiser, that is not me, Kendall or anyone
employed by or related to us, to sign the IRS 8283 form.  

Also non-profit organizations are not supposed to be the ones establishing
the value of the donated item.  This is because it is in the interest of the
non-profit to receive the donation and it is too much of a temptation to
give the donor a high value to get the donation.  So, the officer of the
non-profit giving a donation receipt, should only state the value the donor
has claimed, and not any other value.  The IRS considers that the burden of
proof lies with the donor to establish the fair market value of the item
being donated.  

Now, say the FMV for a piano is $20,000 and the seller of the piano is
selling that piano to a non-profit organization for $10,000.   The
non-profit organization could give the seller of the piano $10,000 in tax
credit for the difference between the FMV and the cash the non-profit paid
to the seller.  Now, if the non-profit keeps the piano and doesn't resell
it, then the donor received the equivalent of $20,000 in FMV for the piano.
$10,000 in cash and $10,000 in tax deduction.  

In IRS Rev. Rul. 67-246, it states that "To be deductible as a charitable
contribution for Federal income tax purposes under section 170 of the Code,
a payment to or for the use of a qualified charitable organization must be a
gift. To be a gift for such purposes in the present context there must be,
among other requirements, a payment of money or transfer of property without
adequate consideration.". See: http://www.irs.gov/pub/irs-tege/rr_67_246.pdf

But, say the non-profit resells the piano.  Then the non-profit has to
submit IRS form 8282, http://www.irs.gov/pub/irs-pdf/f8282.pdf . This form
has to be submitted to the IRS with the non-profit organization's tax
return.  It reveals what the piano was resold for and who the donor was.
Say the piano was resold for $10,000.  Then, my understanding is that the
IRS could reassess the donor tax return, telling the donor they could not
take the $10,000 tax deduction because the IRS assumes that the amount the
piano was resold for is the actual FMV.  It is my understanding that the
rule that is stated here for vehicles and vessels also applies to pianos:
"If the qualified vehicle is sold by the donee organization without a
significant intervening use or material improvement by the donee
organization, then (except as provided in section 3.02(3) of this notice)
the deduction claimed by the donor may not exceed the gross proceeds
received from the sale of the qualified vehicle. In no event may the
deduction for a donated vehicle exceed the amount that is otherwise
allowable under § 170(a) (fair market value). " See:
http://www.irs.gov/irb/2005-25_IRB/ar09.html

But, things can get complicated if there is a difference in the value
claimed by the donor and the resale price by the non-profit.  Say the
donor/seller has pretty strong market evidence that the piano was worth
$20,000, not $10,000. And they contest the IRS ruling on their tax return.
Then if the IRS looks at this evidence and decides the FMV was $20,000, the
non-profit may now be subject to scrutiny.   
The officers of the non-profit have a fiduciary responsibility to sell the
piano for what it is worth to protect the interests of the non-profit.   The
tax deduction given to individuals who donate to a non-profit organization
are given for the purpose of benefiting the public by doing what the
non-profit was set up to do.  So, any officer of a non-profit selling a
donated property, would need to justify the price they sold that item for,
to show that they are acting in the best interest of the non-profit, and
thereby acting in the best interest of the public.

As the Executive Director of a non-profit organization, I wrote the IRS and
asked for an official determination about tax deductions for pianos. They
sent me a letter in response and it has guided my transactions when acting
on behalf of the non-profit organization as its Executive Director.  "Dated
January 19, 1999.  Dear Sir or Madam:  We received your correspondence dated
September 11, 1998, which requested written response for two scenarios.  The
first scenario had to do with the organization receiving a contribution of a
piano.  The amount of the charitable contribution is generally the fair
market value of the item at the time of contribution.  Fair market value is
the price at which property could change hands between a willing buyer and a
willing seller, neither having to buy or sell, and both having reasonable
knowledge of all the relevant facts."

Karen Lile
Appraiser 
Piano Finders








-----Original Message-----
From: David Love [mailto:davidlovepianos at comcast.net] 
Sent: Saturday, December 06, 2008 2:40 PM
To: pianotech at ptg.org
Subject: Re: [pianotech] (no subject)

The implication was that the appraisal could be written for an artificially
inflated value.  IRS requirements for appraisals used for tax purposes have
their own set of standards that will vary for each individual piece of
tangible property.  Whether a person doing an appraisal of a piano needs to
be a licensed appraiser is debatable since the trade does not offer a
certification (unlike real estate for example) and it may be sufficient that
you are able to demonstrate some expertise by virtue of having been in the
trade for x number of years, participated in buying and selling, etc.  Some
information can be gleaned from this website.
http://www.irs.gov/pub/irs-drop/n-06-96.pdf   I don't know whether the
appraiser is criminally liable for a providing information which can't be
substantiated (in the case of a piano) but certainly if they willingly and
knowingly participate in an act to defraud the government of tax revenue
there could be some exposure.  Without question the person taking the tax
write off needs to be sure that the documentation provided is adequate to
survive an audit.  A tax attorney or tax accountant can probably provide
that information.  Additionally, someone who is performing the appraisal
should be familiar with the same requirements since that is the service you
are selling.  You should also be prepared to demonstrate where and how you
got the information to come up with the FMV.  Typically, copies of these
comparable listings would be part of the appraisal package along with
photographs of the object in question.  The work to prepare such a document
is much more involved than a simple phone call to tell the customer "Oh, I'd
say about $X", and therefore the fee should reflect that.  In general, if
you are appraising a piano it is helpful to qualify what it will be used for
as the amount of work and the accompanying fee can and should vary
accordingly.




David Love
www.davidlovepianos.com


-----Original Message-----
From: pianotech-bounces at ptg.org [mailto:pianotech-bounces at ptg.org] On Behalf
Of Kendall Ross Bean
Sent: Saturday, December 06, 2008 1:00 PM
To: pianotech at ptg.org
Subject: Re: [pianotech] (no subject)

Perhaps I missed something, but it is not at all clear to me why many seem
to be automatically assuming that the communication from David Ilvedson's
customer below is soliciting some sort of fraudulent behavior.

I simply don't have have enough information to make that assessment. 

I don't know, for instance, what preceded this communication, or if the
customer had any basis (like a prior appraisal or valuation of some sort on
the piano in question) for the figures he is quoting. Perhaps he also has
some figures from his accountant that he is trying to work with. I mean, he
does say "If the appraisal was [this figure], or if the appraisal was
higher..." which to me seems to acknowledge that he doesn't assume what the
appraised value will be.

Perhaps David Ilvedson could cast some more light on the circumstances
surrounding this "snapshot" he has given us.

David Love commented in a recent post on this particular situation, "I do
appraisals but I don't fill in numbers on request.  The appraisal must be
based in some kind of reality." I think most of us here would subscribe to
that.

But to me it is not at all clear that that is what this customer is trying
to do.

I can see ways that a person writing this could be legitimately and legally
trying to minimize the amount of taxes he has to pay. Don't we all try to do
that?

If I understood the initial post correctly, David Ilvedson simply commented
that he didn't see how a person selling a piano (rather than donating it in
its entirety) could also claim a tax deduction on it. It seems some are
assuming that that is not possible, but I'm not at all sure that is the
case.

It also seems that some are assuming, from this limited communication, that
the customer is trying to tell the appraiser what they would like the piano
appraised at. Like I say, based on the limited "snapshot" we have been
given, that is not at all clear to me. I would need more information before
deciding "not to touch this with a thirty-nine foot pole".

In recent years, I have become a lot more careful about assuming that I know
a person's intent.

Like I say, maybe I am missing something here that others can plainly see. 

(Wouldn't be the first time! ;-) )

Perhaps someone could fill me in.

Sincerely~

Kendall Ross Bean

~PianoFinders   

-----Original Message-----
From: Ron Nossaman [mailto:rnossaman at cox.net]
Sent: Friday, December 05, 2008 1:39 PM
To: David Ilvedson; pianotech at ptg.org
Subject: Re: [pianotech] (no subject)

David Ilvedson wrote:
> 
> 
> I have a customer who emailed me the following:
> 
> "Thanks for your reply. Because of how taxes work, if we could get a 
> written appraisal on the piano of $20,000.00-$25,000.00 we could sell 
> the piano for less and then "write off" the remainder. For example, if 
> the appraisal was $20,000.00 we would sell the piano for about 
> $15,000.00 and if the appraisal was higher we would sell it for even less.
"
> 
> Does that sound right?   I don't see how they can write off a personal 
> sale...????
>  
> 
> David Ilvedson, RPT

Why not appraise it at $40k, and offer to haul it off for them?

I'd wish them luck with whoever their appraiser finally turns out to be,
draw the drapes, turn out the lights, and check the caller ID before
answering the phone for a while.
Ron N










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