Art Law Report

Like-Kind Exchanges—Art and Collectibles’ Tax Deferral in the Crosshairs

Posted by Nicholas O'Donnell on April 29, 2015 at 7:56 AM

There has been considerable coverage in the last week about so-called “like-kind” exchanges of art, and federal tax. This has been driven by two factors: President Obama’s 2016 proposed budget, which would eliminate the tax deferral on these “1031 exchanges” for art and collectibles, and a recent New York Times article entitled “Tax Break Used by Investors in Flipping Art Faces Scrutiny.” The prospect of actual change is dubious, but there is no question that the prospect of the elimination of this tax deferral means anyone who is considering such an exchange for their art and collectible collection should be paying attention.

Read More

Topics: 1031 Exchange, Jay Darby, Tax and Sports Update, Ernst & Young, New York Times, Like-Kind Exchange, Tax

Who Owns Left Shark? Super Bowl Halftime Show Spills Over into IP Debate and General Absurdity

Posted by Nicholas O'Donnell on February 12, 2015 at 9:34 AM

The Super Bowl is America’s biggest civic holiday, in many ways. The country’s most popular sport combines with the country’s desire just to sit and watch television in a once-a-year event. This year did not disappoint, in one of the most exciting contests in the game’s history, the New England Patriots prevailed over the Seattle Seahawks 28-24, sealed by a game-winning drive by Tom Brady and a last-minute interception by Malcom Butler. 

Read More

Topics: Left Shark, Seattle Seahawks, Glendale, California Gurls Richard Prince, Hooray for Everything, Halftime Show, Malcom Butler, Katy Perry, Arizona, Jay Darby, New England Patriots, NYU Law School, Super Bowl, Rorschach Test, Copyright, Garcia v. Google et al., Ninth Circuit, Tumblr, Chris Sprigman, Tom Brady, Fair Use, Rastafarians Patrick Cariou, Art Law Report

sw-logo_180x60

About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

Meet the Editor

Subscribe to Blog

Recent Posts

Posts by Topic

see all