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It is the evening of May 5. At the Carlyle Hotel in New York, Mickey Cartin is
unwinding in the Gallery room off the lobby bar. “I went to several galleries in
Chelsea,” he says, summing up his day of art hopping. “Then I went to the Pace,
C&M Arts and then to the George Adams Gallery.”
TOP VIEW If we want our children to inherit our art collections and preserve
them for future generations, we need to design a careful estate plan that
ensures that they can afford to do so. If we hope to put our art on display for
an appreciative public, the planning may be even more complex. | He begins flipping
through the March/April issue of Arts on Paper. “I bought that one.” He points
to a dreamlike drawing of a man and woman by contemporary Swedish artist Jockum
Nordstrom. Each of them is posed atop miniature mountains, the man with an
ancient ship atop his hat, the woman smoking a cigarette and looking
annoyed.
One table over, a group begins to discuss the auction at Sotheby’s
later that evening. They admire the auction catalog, featuring Picasso’s
soon-to-be-record-breaking Boy with a Pipe on the cover. Collectors from across
the world are assembling to bid on 34 Impressionist and Modern paintings from
the collection of John Hay Whitney and his wife, Betsey Cushing Whitney.
One
spring night in Manhattan, and one family’s art collection is coming together,
while another’s is being broken apart.
In the aftermath of his frenzied day,
Cartin elects to skip the auction. The 55-year-old chairman of CLS, a Hartford,
Conn.-based electrical equipment distributor founded by his grandfather, comes
to New York every spring to take in the contemporary art scene and to buy if the
mood strikes.
His contemporary art collection, with works by luminaries such
as Mark Lombardi, Tom Sachs and Agnes Martin, now numbers more than 2,000
pieces. The bulk of his still-growing assemblage is on display in his home in
Del Ray Beach, Fla. At the thought of his art someday going to assorted bidders,
like the Whitney collection, he shrugs. He does not buy art, he admits, with the
goal of gathering a collection to hold for posterity.
“The idea of having a
wing named after you?” he muses. “I have never thought of such a thing. I don’t
have any need to keep the collection together, or have my name attached to it. I
don’t see it being in itself a readable or coherent entity. It’s just a whole
bunch of crazy stuff. It would be like bringing my collection of socks in and
asking someone to exhibit them.”
It turns out, according to wealth advisors,
that most of us have not devised a complete plan to manage our art. Even if we
have imagined a wing of our own, many among us might feel it is presumptuous to
say so. Eventually, however, every art collection changes hands, usually due to
one of the “three Ds”: divorce, debt or death. If we want these possessions,
which represent our intellectual and aesthetic pursuits at their finest, to
delight future generations, we must define a strategy. Do we want to leave our
collection to our children, or to the art-appreciating public? Is it an asset
that our heirs might need to liquidate someday, or would we prefer to bequeath
it to people in need of an uplifting view?
Admittedly, many collectors are
stirred by the ego gratification of a brass plaque that reads “From the
collection of…” But the fact is that without such egos, most of the art museums
in this country would stand nearly empty. Charitable donations comprise nearly
90 percent of the art we see on exhibit in American museums. Still, the
Metropolitan Museum of Art does not knock on many doors. If we do want our art
collection to be in the public eye, we have to guide it there.
Museum Pieces Some in the pantheon of famous collectors—Albert Barnes,
Peggy Guggenheim and Dominique de Menil come immediately to mind—enjoyed the
distinct luxury of keeping their collections intact by virtue of having owned
ideal venues to transform into museums. Guggenheim’s home on the Grand Canal in
Venice became the permanent exhibition space for her collection of modern art.
Barnes’ museum, however, is now under threat of having to move from his mansion
outside Philadelphia to a downtown space, one closer to the path of ticket
buyers. In his will, Barnes was adamant that not a single painting, drawing,
African mask or hinge (he owned more than 1,000 pieces of Pennsylvania German
ironwork, including shoe buckles and door-pulls) be moved from the spot where he
had lovingly placed it. (The courts have yet to render a final decision, but
most observers believe the museum will have to move.)
The costs and
administrative issues associated with establishing a private museum can be
monumental. “In order to maintain a museum and the works in a museum, you need a
rather large endowment—at least $50 million to $100 million. And you need a
staff. Private museums are very difficult to operate,” explains Janine
Racanelli, a wealth advisor at JP Morgan’s estate planning division in New York.
She is currently crafting such a plan for one of her clients. “This client is
lucky because he has very substantial liquid wealth,” she explains. “So the
questions for him are: What will be the legacy? Is it practical? Who would keep
the museum going? Is there enough public interest in the works? How does one
maintain the spirit of the original collector? How does one keep the collection
fresh and interesting? How will the building be kept? Is there enough endowment
for taxes? Salaries? Insurance?”
Egos aside, there are also cold-eyed
pragmatic reasons to give a collection to a museum. Even if Congress does
permanently repeal the federal estate tax after the one-year revocation planned
for 2010, our heirs might have to sell valuable artwork to pay off state death
taxes, or simply because they need the cash. If we do want to give our
collection to our children, the smartest strategy might be to provide them with
liquidity through a life insurance trust. This will enable their benefits to
come from a trust, rather than our estate, so they receive a payout that is
immune to estate taxes. Such trusts can cover the taxes on a gift of art to a
family member, thereby keeping the work in the family and avoiding undo
financial burdens.
If we want to sell our collection and leave the proceeds
to our heirs or to a charity, we can donate the collection, or parts of it, to a
charitable remainder trust. The trust can then sell the work and keep all the
proceeds without paying any capital gains or estate taxes.
Collectors often
overlook the idea of donating art to charities other than museums or private
foundations. Colleges, hospitals and other nonprofit organizations, such as
nursing homes, accept—and even solicit—donations of art. The Hebrew Home for the
Aged in Riverdale, N.Y., for example, has amassed a 4,500-piece collection that
has earned it membership in the American Association of Museums. The IRS
requires that the organization actually use the art as a part of its charitable
work for at least two years, however, to allow the donor to deduct the
full-market value of the piece. If the recipient sells the art before those two
years are up, or the IRS rules that the art does not serve a charitable purpose,
the donor can deduct only the price he paid for the work.
Preserving a Passion If a collection does contain a significant number of
important works, we stand a reasonable chance of getting it into an existing
museum, especially if we get to know the curators. Norah and Norman Stone are an
accomplished Bay Area couple who collect art and produce wine, among their other
activities. Since they began collecting art, the Stones have served on
committees and cultivated close ties with San Francisco’s Museum of Modern Art.
While they have not yet drafted a formal agreement with the museum, it appears
that they will bequeath their collection to that institution.
Unlike Cartin,
the Stones adamantly desire to keep intact their entire edgy collection of 1980s
and 1990s American art—which includes some shocking pieces, to observers prone
to shock. With works such as Duchamp’s Feuille de Vigne, a plaster cast of
female genitalia, and Matthew Barney’s Repressia, a large installation that
includes a video of Barney climbing the walls of an art gallery naked and
shoving a piton up his rectum, select pieces of the Stone collection come with
warning labels.
“It’s not just that there are these wonderful things hanging
on the wall; it has a deeper resonance, a real cohesiveness. This kind of
collection would lose something to give a little here and a little there,”
explains Norman, 64, who is also a psychologist and runs the W. Clement and
Jessie V. Stone Foundation, which his parents started in 1980. (Norah is a
registered nurse and has a law degree.) The Stones realize that a museum would
not necessarily exhibit every work of theirs at all times, but they hope there
would be shows of their entire collection from time to time. “People will say,
‘Here’s what Norah and Norman collect,’” Norman says.
The Stones feel they
owe a debt of gratitude to the San Francisco MoMA because they began collecting
under the tutelage of the museum’s late curator, John Caldwell, and have served
on the museum’s accessions committee. “We realized while serving on the
committee what a small budget the museum had, and that it needed help,” recalls
Norman. “We realized we had the horsepower to collect the kinds of pieces
museums would like to collect, and so very early on we focused on having a
museum-quality collection that would one day go to a museum.”
The
Stones have already begun the process by granting the museum fractional
interests in six or seven paintings, so that they transfer ownership over time.
Using this tactic, they receive the added benefit of taking a charitable
deduction on the portion of the work already donated.
Norah laments the loss
of integral collections, but sees museum donation—assuming the museum wants the
collection—as the happy, egalitarian solution. “The taxes are really a question,
and this is why so many of the major collections end up at the auction houses.
Children cannot afford to keep all the pieces; they can usually afford to keep
only a few,” she says. “It’s sad. But if the collection can stay together only
by giving it to an institution, then that’s what you have to do.” Norman’s three
sons from a previous marriage have no interest in the collection. He suspects
his daughter, Amy, 33, who has a degree in art history and arts administration,
and who is a collector in her own right, might feel differently. However, Norah
notes, “She knows where the collection is going. We’ve explained it to
her.”
Not every collector is fortunate enough to have an eager taker.
Collectors Dave Williams, 72, and his wife, Reba, 68, were horrified by what
happened when they approached a New York museum they do not wish to name. “They
came back to us and said they didn’t want the collection, but they wondered if
we would be interested in funding a new cafeteria,” recalls Dave. “We were
furious.”
Reba and Dave, the former chairman of Alliance Capital Management,
who now runs White-Williams Holdings, a private equity fund, have been amassing
the world’s largest and most important collection of American prints for more
than 30 years. Their distinguished collection encompasses classic works from the
early 20th century by John Sloan, Childe Hassam and George Bellows, as well as
contemporary artists including Lucian Freud and Matt Mullican. In the spirit of
downsizing and weeding, they have recently been selling off some holdings at
auction, mostly valuable prints from Mexico by such artists as Frida Kahlo and
Diego Rivera. But the core of their collection—approximately 6,000 prints—will
one day need a permanent home.
 | KRAMARSKY COLLECTION Clockwise from top, Sol Lewitt, Eight Geometric Figures,
Wall Drawing #738, 1993; Richard Serra, Untitled (14 part roller drawing),
1973; Carl Andre, five steel plates, four copper plates, 1989; Scott Reynold,
Untitled, 1993, 16 units. |
Major city museums are not their only option.
“Many small museums all over the world might be delighted to have certain
collections,” notes Natasha Pearl, CEO and founder of the wealth advisory
service Aston Pearl in New York. An art advisor who knows the market for our
particular genre is generally the best source for investigating venues that are
off the beaten path.
The Williams, however, have masterminded their own
showcase in the form of a research institution that will house the majority of
the collection and provide scholars access to their art and a well-stocked
library. Their Print Research Foundation in Stamford, Conn., near their home in
Greenwich, provides assurance, at least through their lifetime, that they will
be able to offer a collection that sheds light on the history of printmaking in
America. They hope that, eventually, a larger institution will take over their
foundation to oversee it for the long term.
Spread the Wealth Others of us dream of casting our art about the country
like seeds, bit by bit. Werner Kramarsky of New York is the anticollector: he is
certain that during his lifetime he will give away all of his world-renowned
collection of abstract Modern and contemporary drawings. The word “perpetuity”
makes Kramarsky, who calls himself an “old lefty,” almost mirthful with
displeasure. “I find the concept of controlling one’s collection after death—and
the concept of institutional maintenance of a collector’s identity—repugnant,”
he declares.
Works by Eve Hesse, Cy Twombly, Barnett Newman and other
abstract mininimalists hang in Kramarsky's Soho office. His father collected
Rembrandt, Cézanne and van Gogh. Kramarsky and his wife, Sarah-Anne, have been
collecting drawings and works on paper for more than 50 years, ever since he
bought a Jasper Johns drawing for $175 in the mid-1950s, a sum he recalls he
could barely afford at the time. Today, he estimates that he owns 1,500 to 2,000
works and has donated more than 800, which he generally accomplishes through
fractional gifts to museums. When we view a drawing from Kramarsky’s collection,
however, we will not know it. The placard will often state simply: “From a New
York collection.”
Knowing that fine art will outlive a long line of our
descendents, each of us must assess our wishes for the peregrinations of our
favorite pieces. The nature of art ownership is fluid—whenever one collector
sells, another one buys. The art of acquiring and disposing of art collections
is part of a great American tradition. In the end the most worthy pieces do end
up in public spaces, belonging to the people and the ages.
Photography by Susan Anderson
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