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Valuing ArtValuing Art

Boris Leavitt amassed a fortune in the mail order business and left a contemporary art collection that was appraised at $12.4 million when he died in June 1996. One work alone, Willem de Kooning's was worth $9 million. At auction five months later, the collection fetched a total of $20 million with selling for $15 million. Soon after, the Internal Revenue Service's Art Advisory Panel found that Leavitt's

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Manuel E. González, head of art advisory services, New York, and Michael L. Duffy, wealth ad

Boris Leavitt amassed a fortune in the mail order business and left a contemporary art collection that was appraised at $12.4 million when he died in June 1996. One work alone, Willem de Kooning's “Woman,” was worth $9 million. At auction five months later, the collection fetched a total of $20 million — with “Woman” selling for $15 million.

Soon after, the Internal Revenue Service's Art Advisory Panel found that Leavitt's estate had undervalued his art collection by $7.6 million and owed another $3.8 million in taxes. The estate protested, arguing that its valuation was correct at the time of Leavitt's death; there had simply been a sharp, unantic...

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About the Authors

Michael Duffy

Director, Merrill Lynch

Michael Duffy is a director in the Atlanta office of Merrill Lynch and runs the firm’s Strategic Wealth Advisory Group. Michael works with ultra-high net worth clients and their advisors to help customize solutions to meet their planning goals. He has 25 years of experience working with ultra-high-net-worth clients and their advisors on a wide range of wealth planning topics, including gift and estate tax, securities laws, philanthropy, executive compensations and trust planning. In addition to his numerous internal company presentations, he is a frequent lecturer and has contributed to a variety of external publications on the topics of trusts, wealth transfer and estate planning.

Michael was formerly at Goldman Sachs, where he was a member of their Strategic Wealth Advisory Team, served as the Southeast Regional Director of Fiduciary Services, and served as Goldman Sachs Private Wealth Management’s art and collectibles subject matter expert. Prior to Goldman Sachs, Michael worked at BNY Mellon Financial, JP Morgan Private Bank and was a tax attorney at Alley Maass Rodgers & Lindsey, P.A. in Palm Beach.

Michael is a member of the Atlanta, Florida, North Carolina and South Carolina Bars. He holds Series 7 and 65 & 66 FINRA registrations.