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ASA Responds to Kollsman v. Commissioner 9th Circuit Decision

RESTON, Va., Sept. 3, 2019 /PRNewswire/ -- The American Society of Appraisers (ASA) believes that the 9th Circuit decision affirming the Tax Court ruling in Kollsman v. Commissioner, in which the Tax Court rejected the unsubstantiated and conflicted valuation provided by a non-appraiser, is correct both as a matter of law and of sound public policy.

The Tax Court, in rejecting the valuation of the petitioner, identified issues both with the objectivity of Kollsman's valuer (based on a simultaneous offer to sell works at auction), and with the lack of comparable sales support for the opinions of value proffered in the valuation. By contrast, an ASA-accredited appraiser is required to be neutral, impartial, and objective when providing an opinion of value, and must follow the Uniform Standards of Professional Appraisal Practice (USPAP), which requires substantiation of an appraiser's conclusions.

ASA further believes that many of the deficiencies identified with the Kollsman valuer reflect the need for harmonization between the valuation requirements for estate, gift, and charitable contribution appraisals within the Internal Revenue Service (IRS). If the IRS were to adopt the same rules for estate and gift appraisals as are currently required for charitable contributions (namely, the use of a "qualified appraiser" providing a "qualified appraisal"), not only would it bring clarity to the area of IRS-related appraisals, it would improve the overall veracity of appraisals used in connection with IRS matters.

ASA's International President, Douglas R. Krieser, ASA, expressed the following thought when asked about the affirmation of Kollsman: "I think it's a win for good, competent appraisers who adhere to high professional and ethical standards, and should be the exemplar for why a move to harmonize valuation requirements across the Service is a common sense move to make."

American Society of Appraisers
The American Society of Appraisers is a world renowned and respected international organization devoted to the appraisal profession. As the oldest and only major appraisal organization representing all appraisal specialists, ASA is devoted to providing the highest possible standards in all areas of ethics, professionalism, education and designation criteria. For more information about the American Society of Appraisers, the ASA designation program for appraisers or the Society's free "Find an Appraiser" Referral System, visit www.appraisers.org or call (800) 272-8258.

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