From: Rebecca Dubey <curator@saukcountyhistory.org> Date: Mon, 14 Sep 2020 10:50:46 -0500 Message-ID: <CAKNAg9POi8F_grBDphwAD8u5S42su4ZS2101Z-i37mAoER5Y5g@mail.gmail.com> Subject: Re: Request for return of an item
Since the donation of objects may involve tax deductions unknown to the
museum, it is generally illegal for museums to return objects to the
original owners, even if they are deaccessioned. This holds true whether
or not a deduction has been made; it is a Rule made and investigated by the
IRS, making it a Federal Rule. If a donation is returned, the museum is
obligated to file a form with the IRS. For this reason, Museums do not
return artifacts to the previous owners. The tax deduction is allowed
because museums are seen as a "Charitable Organization" by the IRS. Filing
this from with the IRS leaves both the donor and the Museum open to
scrutiny under federal IRS rules. The IRS has cause to investigate all the
dealings of the museum and its donors (of both artifacts and monetary
donations!) If this person requests the return of one seemingly
unimportant object, they may repeat the request with an object that is more
important to the collection, which puts your BOD at risk for not fulfilling
their duties and they can be sued.
Malaro's "Legal Primer on Managing Museum Collections" discusses the return
of objects quite thoroughly because it is so complicated and museums face
so many problems with this issue. Can you get a hold of the book? It is
considered the most authoritative book on Museum Law. Every Museum should
have a copy.
If you have any questions, please feel free to call me, I love to help!
Rebecca DuBey
M. A., Museum Science
On Sun, Sep 13, 2020 at 3:10 PM Samuel Marshall <marshallwimuseum@gmail.com>
wrote:
> We have a donation policy and form already in place. That doesn't mean
> that a relative won't ask for things back occasionally. We made that clear
> to the person, however, the matter was being pursued. I wanted to hear from
> others and gauge our response to the situation. Thanks everyone. Diana
> Skalitzky
>
> On Thu, Sep 10, 2020 at 11:22 AM B Schneider <wyward@yahoo.com> wrote:
>
>> Your society Needs a donation policy. Its pretty easy to create from
>> using other museums policies as a guide. Have your board or another
>> qualified society look it over. Make sure the donor signs it and gets a
>> copy. Also have policies for photo usage, loaning collections, ect.
>>
>> B Schneider
>>
>> On Sep 3, 2020, at 8:40 AM, Timothy Glines <glinestc@gmail.com> wrote:
>>
>> Here is a link to a situation in Minnesota some years ago:
>> http://www2.mnhs.org/about/publications/interpreter/jan-feb2003.pdf
>> Tim Glines
>> St. Paul, MN
>>
>> On Wed, Sep 2, 2020 at 11:24 PM devan gracyalny <dgracyalny@sbcglobal.net>
>> wrote:
>>
>>> Years ago I had a request to return a Babe Ruth signed ball given to the
>>> Historical Society by an 18 year old who now is a grandfather of a boy into
>>> baseball. I consulted with now retired Rick ? from the State Historical
>>> Society. He said not to return the ball or any item as it sets a dangerous
>>> precedent for other families and relatives to have items returned.
>>>
>>> Devan Gracyalny President
>>> West Allis Historical Society
>>>
>>> On Wednesday, September 2, 2020, 06:21:09 PM CDT, Samuel Marshall <
>>> marshallwimuseum@gmail.com> wrote:
>>>
>>>
>>> Has anyone gone through a request for a return of an item?
>>> What was your experience and the outcome?
>>> We may be dealing with this challenge and could use some insights.
>>> Thank you, Diana Skalitzky
>>> Marshall Area Historical Society
>>>
>>
-- Rebecca DuBey, Museum Curator Sauk County Historical Society (608) 356-1001 W-F; please leave a message other times!