Page 32 - December 2019 Bar Journal
P. 32

FEATUREESTATE PLANNING




        CHOOSING A PERSONAL



        PROPERTY APPRAISER



        A HOW-TO GUIDE






                                  BY JAMES CORCORAN, JD AAA ASA CFE





                 ersonal property appraising is an   and the International Society of Appraisers   The IRS has rules governing personal
                 unregulated profession. If you   (ISA) are a pre-selected group of qualified   property appraisal that include a definition
                 hung out  a shingle, you could   and credentialed appraisers.  of an “IRS Qualified  Appraiser.”  These
                 legally represent yourself  as an   Certified or Accredited members of these   rules preclude any appraiser who has
        P appraiser tomorrow.               organizations met rigorous educational and   any of the foregoing conflicts.   Ever
          Accredited  or  Certified  members  of  the   testing  requirements;  they  are  subject  to   wonder why most of these conflicted
        major  national appraisal organizations,  the   continuing  education  requirements.  They   appraisers are not Certified or Accredited?
        Appraisers Associates  of America  (AAA),   must  submit  appraisal  documents  for  peer   The IRS rules specifically identify
        the American Society of Appraisers (ASA),   review prior to certification or accreditation.   Certified  and  Accredited  members  of
                                              The national organizations  each have   national organizations as “IRS Qualified
                                            comprehensive ethical codes that are   Appraisers.” You may incur liability if you
           James Corcoran JD AAA ASA CFE    designed to assure competence and   select an appraiser who has a conflict of
          CORCORAN APPRAISAL GROUP          independence. Independence is essential:   interest or is deemed to be incompetent.
          Fine Art & High Value Personal Property   conflict  of  interest  is  a  lurking  problem  in   An important caveat — some  of the

                      42 years experience   selecting an appraiser.            national organizations sell low-priced

                      Independent, skilled    Any appraiser who has or anticipates   memberships  for which the appraiser
                      and IRS qualified     having  an  interest  in  the  property  to  be   does  not  have  to  meet  the  certification  or
                      appraisers            appraised  (and  any  appraiser  who  sold  the   accreditation requirements.  This deception

                      Deaccession           property  to  be  appraised  to  the  present  or   is not uncommon.    You would do well to
                      consultations         a  prior  owner)  has  an  inherent  conflict  of   confirm  that  the  appraiser  you  select  is

                   (216) 496-3665           interest.  This includes galleries, dealers,   currently a Certified or Accredited member
              corcoranfinearts@gmail.com    and auction houses, each of which has a   in  good  standing.  Mere  membership  is
               CorcoranFineArts.com         bias and self-interest that precludes a truly   essentially a worthless credential and is
           Certified and Accredited Appraisals   independent appraisal.        priced accordingly.
                                                                                 Follow  these  guidelines  and  you  can  be
                                                                               assured that  you have  used due diligence  in
          CONNECT WITH US                                                      the selection of an appraiser.


                                                                                         James Corcoran JD, LLM is admitted
                                                                                         to practice in New York, Ohio,
                                                                                         Massachusetts, and California. He
                                                                                         is President and Senior Appraiser
                                                                                         at Corcoran Appraisal Group
                                                                               International. James is a longstanding Certified
                                                                               Appraiser with 39 years of personal property
                                                                               appraisal experience at Corcoran Appraisal Group
                         #MyCMBA   #MeetMeAtTheBar                             International. He has been a CMBA member
                                                                               since 2000. He can be reached at (216) 767-0770
                                                                               or corcoranfinearts@gmail.com.

      32 |  CLEVELAND METROPOLITAN BAR JOURNAL                                                    CLEMETROBAR.ORG
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