Title"Reconciling Policy and Equity: The Ability of the Internal Revenue Code to Resolve Disputes Regarding Nazi-Looted Art
AuthorJoseph F Sawka
Published in Volume 17 of the the Miami International and Comparative Law Review
by Joseph Sawka of the University of Miami School of Law, the abstract reads:Abstract
During World War II, the Nazi regime plundered numerous amounts of cultural property and artwork throughout Europe. Many of the items found their way into the hands of good-faith purchasers in the United States. With the growth in technology and communications in the last fifty years, claims for the return of the stolen property have become more prevalent. However, principles of legislative policy and moral equity tend to conflict in litigation involving Nazi-looted art. Should a good-faith purchaser with a large investment in an item be forced to surrender it? Are courts suited to handle the deep emotional, psychological, political, and moral underpinnings associated with the context of World War II? As litigation costs rise exponentially, it is often vital for parties to find alternatives to litigation. This article explores the ability of the Internal Revenue Code, via Section 501(c)(3), to solve disputes involving Nazi-looted art claims. When property, such as artwork, is indivisible, the result of litigation is usually winner-take-all. However, the Internal Revenue offers an alternative solution. It can allow the good-faith purchaser and claimant to emerge without a total loss.
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