Dear Editor: I read with interest the responses to "After the Gavel Falls"
(December 2005), about how to handle a pearl necklace purchased at a
charity auction, which the purchaser believes "was a steal . . . ."
One of the responses stated that, if the purchaser sold the
necklace, "there would be no tax due on the sale" of the jewelry, and the
purchaser could give the sale proceeds to a charity and "claim a cash charitable
contribution . . . ."
The writer is not correct when stating that there would be no
tax due on the sale. There would be, and the sale would generate a taxable gain
of the difference between the $8,000 paid and the amount received. Since the
sale would be a "casual" sale of personal property, and not the sale of a
capital asset, the gain would be treated as ordinary income. Of course, there
would be a tax deduction for the gift of the proceeds, but the income generated
by the sale might affect the seller’s Alternative Minimum Tax, and cost
additional taxes.
A more practical approach would be to get a good appraisal of
the necklace, then donate the necklace to a charity (even the same charity) and
claim a charitable deduction based on the appraised value, without triggering
any taxable income. The gift of appreciated property to charities is a common
way of getting a charitable deduction based on the increased value of the asset,
without having to recognize the gain or income.
If the purchaser is an astute evaluator, he or she might then
bid for the same necklace (or any other undervalued item) at the next auction,
try to get another "steal," and repeat the appraisal and donation
process.
Eli Uncyk Uncyk, Borenkind & Nadler, New York
A Couple Advantages Dear Editor: I thoroughly enjoyed "Rise of the Copreneurs" (January 2006). The article’s analysis of the husband-and-wife business team trend in
the home companion care industry was fascinating, and I couldn’t help but note a
poignant and important subtextual message in the piece.
In these largely unsettling times, it is refreshing to see
spouses join their professional efforts to provide such a meaningful service.
Partners In Care, Don and Sally Olin’s dynamic company highlighted in your
article, is currently providing care for my own parents. Finding a truly caring
and dependable company to fulfill such a vital role is a decision that involved
our entire family, so it made sense to us to employ a family-run company to
provide that care.
While your article was certainly accurate in underscoring the
financial gains appreciated by business owners in this rapidly rising field, the
most significant point made was that these husband-and-wife teams are finding
their true wealth in caring for their clients and giving peace of mind to the
families. It is a new kind of wealth–one that cannot be bought, sold or
traded–and we all benefit in the end. This is certainly true of the Olins, the
Partners In Care team and my aging parents.
Dwayne Alexander Charlotte, N.C.
Advisory Requirements Dear Editor: I recently read "Credible Credentials" (January 2006)
by Daniel DelRe. While the ABA Institute of Certified Bankers appreciates the
mention of its Certified Trust and Financial Advisor (CTFA) credential, there
are a couple of things in the chart that might be misleading to readers:
Requirements: CTFA candidates must pass a four-hour exam
covering fiduciary responsibilities and trust activities, personal finance,
insurance and estate planning, tax law, investment management and ethics.
Expertise: CTFAs possess expertise in the provision of
fiduciary services related to trusts, estate, guardianships and individual asset
management accounts. Based on the current listing, one might assume that a
CTFA’s expertise only lies with trusts when in fact a CTFA’s expertise covers
personal financial planning, insurance, estate planning and investment
management.
Dispute resolution: ICB will revoke the CTFA designation of
members who have breached established ethical standards or failed to meet
membership requirements.
Howard Walseman Institute of Certified Bankers, Washington, D.C. Worth welcomes your comments, critiques and suggestions. Please
direct your letters to letters@worth.com.
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