Rhilo;3437219 said:
Moodblue97 - if you don't mind me asking, did you know Michael personally? It looks like you were there with him on several occasions, such as his birthday party at Neverland
I really want to know too ^......and I didn't want to interrupt the conversation, but since it has been a little while since the last post, I hope you'll forgive a little 'diversion' here. I'll try and keep it short, but it is quite interesting......
Here is another apparent instance of 'overvaluation' (by an appraiser) of artwork connected to BLS... or How to turn $100 into $500,000
This case relates to an entrepreneur who funded several of BLS's sculpture projects, and who purchased the 'Malibu Rock- Tribute to John Wayne.' The entrepreneur later gave the rock as a donation to a 'charitable organisation' ie a college , and then claimed charitable contribution deduction of $500, 000 from his federal taxes. The tax authorities decided to look into the valuation of the sculpture and the attachment here gives their findings.
http://taxpravo.ru/sudebnie_dela/st...rphy_v_Commissioner_United_States_Tax_Court_-
The following paragraphs may be of some relevance to the current 'MJ estate' situation, at least regarding valuations of artworks.
In early 1979, the California Department of Transportation removed a large sandstone outcropping (weighing over 100 tons) protruding from a cliff approximately 300 feet above a group of houses and the Pacific Coast Highway near Malibu, California. The process received extensive media attention, and the removed boulder was dubbed "The Malibu Rock."
Brett Livingstone-Strong (Strong), an artist and sculptor, purchased a chip off the removed boulder for $100. Using pneumatic jack hammers and chisels of various sizes, he carved, in a public setting, the face of John Wayne on the boulder. The carving took 70 days to complete; it received considerable public attention since John Wayne was ill, and some believed his death was imminent. The sculpture (hereinafter referred to as the rock sculpture or the John Wayne rock sculpture) was entitled "The Malibu Rock≈A Tribute To John Wayne" or "Life, Time, Light."
Petitioner saw promotional as well as financial opportunities in acquiring Strong's sculpture. Therefore, in 1979, petitioner agreed to acquire the John Wayne rock sculpture from Strong by paying various of Strong's expenses, by promoting the rock sculpture to enhance its value, and by providing Strong with financial support to enable him to bring his artistic career into fruition.
In connection with the promotion of the John Wayne rock sculpture, petitioner arranged for brochures to be published, which stated that petitioner had paid Strong $1 million for the sculpture. Petitioner paid to have a building constructed at Manns Chinese Theatre in Hollywood to house and display the sculpture near John Wayne's handprints in the sidewalk. He also paid the expenses required for a motorized float to transport the rock sculpture as part of the Hollywood parade.
The next section relates to valuations, by independent appraisers: someone called 'Peavy' for the Tax office and someone called 'Ewell' for the entrepreneur ( who was apparently provided 'evidence of previous sales and commissions' by BLS) .
Ewell valued Strong's John Wayne rock sculpture at $500,000 as of December 31, 1985. He acknowledged that his appraisal did not follow "the traditional approach in terms of being able to demonstrate and quote comparables by other artists and building a framework in the market," but rather was valued based on the "history" of the sculpture and Strong's expanding reputation. He relied heavily on the purported $1 million commission price for the Presidential Monument, which he determined was the closest comparable work of art to the John Wayne sculpture, finding nothing sufficiently similar in published auction records to provide a comparable outside of Strong's own works.
Upon being given copies of Strong's biography, and a list of comparable sales used by Ewell, Peavy attempted to verify those sales. He was able to verify only two sales of Strong's works: (1) The "Lawrence Welk" bronze, purchased for "considerably less than" $100,000 (the sale also included a second casting); and (2) the "Los Angeles-Nagoya, Japan Sister City Monument," which a private group commissioned for less than $100,000.
Peavy opined that the quality of Strong's John Wayne rock sculpture is inferior to the work of established artists in the carved sandstone medium, such as Seiji Kunishima.
Peavy found no documentable sales of Strong's works at a price above $100,000 prior to or at the time of donation. He could not verify many of the sales and commissions attributed to Strong, and with respect to those commissions or sales which he was able to verify, he found the claimed prices grossly inflated.
Regarding 'fair value' the court said: Ewell, .....
claims that the closest comparable to the rock sculpture is Strong's Presidential Monument, which he believes the White House Staff commissioned for $1 million. But the White House Staff did not commission this work; thus, the premise upon which Ewell's value is based is seriously flawed.
The record convincingly shows that petitioner and Strong attempted to enhance the value of the rock sculpture, as well as develop Strong's career, by publicity and "hype." The elaborate promotional brochure states that petitioner paid $1 million for the John Wayne rock sculpture (and the sculpture was promoted as The Million Dollar Rock), when in fact such was not true. (The record does not indicate the exact amount petitioner paid for the sculpture, as opposed to the amount petitioner paid to promote the sculpture.)
Court finding:
Finding respondent's valuation more credible than petitioner's, we hold that the fair market value of Strong's John Wayne sculpture on the date of donation (taking into account the 2-year restriction on transferability) was $30,000.