ATADA News, Fall, 2007





Thomas Murray, ATADA President

From the President

Dear ATADA Membership,

I would like to thank those of you who were able to attend the ATADA general meeting recently held in Santa Fe; your effort to find the time during this hectic show season demonstrates a significant commitment to our organization. For those of you not present, we missed you and hope to see you in Marin this February!

I would like to sum up my remarks. After due consideration by the board, it was recognized that just to preserve and maintain the existing ATADA infrastructure at a status quo, we were going to have to raise the dues. We have been operating on the same resources for nearly 20 years, while the cost of living has been rising exponentially!

But our vision for ATADA extends far beyond keeping things as they were. Amongst other things, you can expect to find "added value" to ATADA members' benefits, including the development of new and creative ways to promote and protect our profession and the advancement our individual businesses through outreach to the public and other professionals in the field.

An example of this was our sponsored invitation of Tony Eriacho who discussed reproductions of Zuni jewelry at our Santa Fe meeting which was very well received. Other experts from various field could be also be invited at future gatherings, including talks given by authorities from our own membership, and in this way ATADA will demonstrate a commitment to "due diligence" that we really are trying to keep ahead of the curve on problem areas within our business.

We must continue to educate ourselves in a changing world about legal restrictions, customs policies, fakery and theft, just as we want to inform and build confidence in the community of collectors and museum in the ATADA name brand; a resource of deeply knowledgeable dealers committed to ethical and fair trading. All this will take more money and in due course, we anticipate raising the dues further yet to accomplish this vision.

I want to thank John Molloy for his spirited response to my talk, "Let's make the dues $1000 right now!"

His vote of confidence embraces a view for the future of ATADA as more pro-active in the pursuit of the above worthy goals and eventually I think his suggestion comes out about right.but not for now. We want to keep as many of our members on board, including those that might find such a contribution an economic hardship. It is our intention to prove the worth of your investment by raising the dues incrementally and we trust you will find the benefits increasing in direct proportion. "As ye sow, so shall ye reap," or "Nothing ventured, nothing gained," lastly, "You get what you pay for!"

I for one do not love change, but am often pleased by the results. It is my sincere hope that all of our membership will eventually join John Malloy in calling for a stronger financial endowment to achieve these goals.

Watch us as we take ATADA to a more international footing. It is important that we advertise internationally and it is my recommendation that the International Herald Tribune be a starting place. Alice will offer some of the statistics about the demographics of its readers in countries all over the world. Suffice it to say, they are the movers and shakers in business, the entrepreneurs who can actually afford our art and are smart enough to "get it." Please give her a fair hearing. In the next issue following, we will introduce a new column idea, titled "Postcard." We would like to encourage any of our members who have traveled somewhere interesting, for example to a great but obscure museum, to write us about it and take photos as possible.

Sharing is good! We have a real community here at ATADA and a lot of talented people that go to many fascinating places. wouldn't it be nice if they could correspond with our eager readers their adventures and knowledge gained from places far away?

Thank you for your support of ATADA and may your business be strong in the Fall.

Thomas Murray

Editor's Notebook

The Big Picture Gets Bigger

Elsewhere in this issue, you will find important news about the 2008 ATADA Directory and how you can write and proof your own listing. You'll also find information about our ambitious plans for the Directory's widened distribution at shows, to subscribers of tribal art magazines, and respondents to an ad in American Indian Art magazine.

Two letters recently were mailed to the membership, one about the 2008 Directory and one about the first raise in annual dues since the organization was formed 19 years ago. Both letters are reprinted in this issue in case you missed either/both.

Thanks to president Thomas Murray's vision, ATADA plans to spread its message globally, raising awareness and attracting new members, both internationally and in the U.S. We hope you agree to be part of ATADA's future.

Alice Kaufman

Member Close-Up

Although he is an American citizen, Associate member/Navajo blanket collector Charlie Fisher lives in Copenhagen. His advertising firm, Small But Global, specializes in, to quote www.smallbutglobal.com, creating "advertising people really want to see., advertising proven so engaging and focused it often travels the world at no cost to its advertiser."

Fisher spent ten years as Executive Creative Director at Leo Burnett in Europe. His ads have won many awards, from the Cannes Gold Lion to the Clio. His entry to MoveOn.org's Bushin30Seconds political spot advertising contest won first prize. He has worked for such clients and brands as Vicks, Coors, Kikkoman and Weber Grills.

Did you ever/do you collect anything other than Navajo blankets?

Nothing seriously, although I have accumulated quite a few Kelims. It seems every city has at least one good Kelim dealer.

When did you start to collect Navajo blankets?

About 10 years ago. I was on a family vacation passing through Cortez, Colorado, and I bought a $9 postcard booklet showcasing some great blankets in the Southwest Museum collection. Seven years later, and not knowing jack, I finally thought I had enough money to start inquiring about buying a "comparable" to a great Lummis serape. Like I said, I didn't know jack.

What was the first blanket you purchased?

A third phase woman's chief blanket. It zoomed past me at auction, and later I happened to cross paths with the dealer that got it. The way I see it, the mark-up was only reassurance that I wanted it that badly.

Only blankets? Ever rugs? Only Navajo? Ever Pueblo?

I have to say my tastes definitely lie in blankets. I wish I liked rugs more, but I have yet to really see one I wouldn't walk on. Maybe that came out the wrong way.

I do love Pueblo mantas and blankets. There is a certain simplicity that's tireless. I also like that they can be found and bought at less of a financial meltdown than great Navajo pieces.

Can you describe your collection?

I really can't. It's hard, because it's evolving all the time, even when I'm not buying. It evolves when I pass on blankets I kind of like, but may have doubts on, because I often look back and say thank God I didn't buy that. And the same goes for when you pass on blankets you later kick yourself for not buying, all because some damn plumber came to your house the day of the auction and hit you up for $350 you hadn't planned on. What I'm trying to say is, all these things have an impact on your collection. Guess I didn't answer your question.

Do you know other advertising people who collect Navajo blankets? San Francisco advertising legend Hal Riney, had a good collection?

Not really. I've heard the great commercial director Joe Pytka collects. I bet more advertising people would be turned on to Navajo blankets if only they were to get exposed to them. Once blankets get out of history museum archives and into modern art museums, ad people would think they're cool. Kind of says more about blankets than ad people.

Where is you collection? How do you display it? Store it? Take care of it?

I display my blankets safely out of reach of my 3 and 7 year olds' magic markers and also away from the sharp teeth of my Labrador. My wife thinks I'm strange because every six months I empty our freezer and put the blankets there for a few days to kill off any larvae that could lead to moth damage. It's something that hangs over your head like going to the dentist twice a year.

What is similar/different about the blankets in your collection?

What's similar is it comes down to listening to your heart and then trying to making as best an informed decision as you can. If you can do that, there's a chance you'll have a blanket you'll like even more and more as time passes. That's hopefully what is going to be what's similar about the collection.

As for techniques, I'm a sucker for "freehand," the illusion of background/foreground, and anything with medium blue. Everyone goes on and on about red yarns, and it's the blue ones that more often than not make the piece come alive. I learned that from Joshua Baer (along with the freezer thing too).

How/where do you buy?

Without the net, I would be helpless to know what is out there. Trouble is, so few dealers have evolved to actually use the net to reach people like me. Nothing is updated. The best pieces are packed away to "stay fresh." Not being a dealer, I wish everything was more available and transparent. Let the pieces speak for and promote themselves. [Jack] Silverman's embroidered manta was on t-shirts, posters and greeting cards, and still fetched a record price. Maybe that's why I prefer auctions -- it's all out in the open.

Do you ever sell? Trade?

I'd like to think I wouldn't want to ever sell a blanket, although that remains to be seen. Once Jerry Becker took me through his awesome personal collection and I asked him if he'd ever sell any of them, and he replied "only to upgrade," which I thought was pretty cool.

Are Navajo blankets known/collected in Europe?

No, they are not known in Europe as far as I know. I did see, thanks to the net, RB Ravens had a showing in a gallery in Milan a year or two back.

Do you want to spread the word?

I just don't know if they would have the same significance in Europe that they have for Americans. Sure, they would be valued art pieces, but the historical perspective wouldn't be as strong. Although I could be totally wrong about that.

That said, my wife Annemette said yes to having an episode from a popular TV drama shot in our house. And some trendy minimalistic Danish interior designer starts completely redecorating our living room for the shoot. Sofa out, chairs out... The only thing that was good enough to stay was the blanket on the wall, and she had no idea what it was. Or you could just say we have lame furniture?

Do you have any role models when it comes to collecting?

Without a doubt, Joshua Baer. I met Joshua (via email) after his day-trading days, and consider him more of a mentor and friend than a role model. What Josh does that so few people can do is creatively and colorfully describe the intangible qualities of a blanket beyond the yarns.

Do you ever go to Indian art shows in the US?

No, I haven't but I'd like to. At the moment, they are just too far away. My biggest disappointment would be to go only to find out the best pieces were being held back. If I were to go, I'd go to try to learn what, and just as importantly what not, to buy.

If you could add one specific blanket to your collection, real or imagined, what would it be?

Either the Thomas S. Twiss First Phase (Wheat plate 51) or the Pabst Poncho at the Textile Museum (Wheat plate 95).

ATADA August Santa Fe Meetings Minutes

ATADA Board Meeting I

Sunday, August 12, 8:30 AM

Present:
Bob Bauver
Merrill Domas
Michael Evans
Edith and Roland Flak
Roger Fry
Bob Gallegos
Joe Guimera
Alice Kaufman
Brant Mackley
Ramona Morris
Thomas Murray
Arch Thiessen
Len Weakley

Treasurer Bob Gallegos addressed the board on ATADA's finances, saying that more than $3000 in dues was past due, and that there was a need for more cash on hand (ATADA still has CDs and other savings instruments). Roger Fry suggested that the membership dues be raised. President Thomas Murray asked what ATADA's goal is. If we become more international and tribal, there is the possibility of taking several regional tribal art organizations under our umbrella. Tom envisions more international sales, spurred by more global promotion, in ATADA's future. These are changing times, Bob Bauver pointed out, and suggested that ATADA change with them, which will take money.

One of those changes will be the new annual Directory, proposed by Tom Murray, which would be modeled after a Caskey-Lees or Kim Martindale show catalog: one page per Full member with four-color image and contact information. As each page is essentially an ad, there would be no member ads. Printing thousands of extra copies that would be distributed at shows and bundled with mailed tribal art magazines would reach dealers and collectors other than ATADA members. "We have to spend money to make money," Tom said.

"The catalog needs to be a true art catalog," Brant Mackely said.

After much discussion of how much the dues increase could/should be (Merrill Domas suggested "a polite amount"), the board decided that dues would be doubled for Associates and Full members to $200 and $400 per year, and that the one-time initiation fee for Full members would be raised to $500. This was seconded and passed, and a letter will be sent to the membership. This is the first time dues have been raised since ATADA was created in 1988.

Merrill proposed that we add a second general membership meeting to the Marin schedule.

As there were still several agenda items to discuss, the board agreed to meet again two days later, this time starting the meeting at 7:30 AM.

ATADA Board Meeting II

Tuesday, August 14, 7:30 AM

Present:
Bob Bauver
Michael Evans
Roger Fry
Bob Gallegos
Joe Guimera
Alice Kaufman
Brant Mackley
Mike McKissick
Thomas Murray
Arch Thiessen
Len Weakley

Arch opened the meeting by describing how the new Directories can be put together and new membership applications can be logged in, all online in a single data base that includes the mailing list. Arch said that he, graphic designer Wes Pritts, and Alice Kaufman will be able to create and run this "business office" with the help of software. Also, Arch said that images of items for sale could be included in the website, with a change of image encouraged after something sells (or doesn't).

Bob Gallegos pointed out that when there is a disagreement among members, there is an arbitration system we should use.

Arch told the board about fake Zuni jewelry from the Philippines that has been sold on eBay and in Phoenix. Brant suggested that the website include a password- protected Rogue's Gallery of current fakes. Bob Gallegos suggested that ATADA provide funds to go to Zuni and get images of the tribe's collection of fakes on our website. This was seconded and passed.

Thomas Murray then described a fullpage- four-color special section devoted to ATADA and to American Indian and tribal art that could run in the International Herald Tribune before the Caskey-Lees tribal and textile art show and Kim Kartindale's Marin show, both in February, 2008, in the Bay Area. The ad could be financed by co-op advertising by the dealers who want to participate.

Bob Bauver asked that information about our website and our scholarships be included in the text of the ad.

Brant then pointed out that ATADA's ageing demographics should cause the organization to seek new dealers and make new collectors aware of us with more advertising and promotion. We should, he said, look at new ad possibilities.

Tom answered, saying that advertising in tribal art magazines such at Tribal Art and Hali could expose the organization to readers/collectors in other parts of the world. General suggestions included more dealer promotion, more visuals in ads, more co-op advertising and upgrading the website.

It was also decided that we would go forward with the Awards dinner in 2008.

Then the conversation turned to ATADA's association with Barry Cohen's Santa Fe show. Board members agreed that in the future, individual ATADA members should vet the show only on invitation from Barry, and we should not continue to vet as an organization, in which case, the official association will not continue.

Arch and Bob Gallegos suggested that all producers of shows in which ATADA members exhibit, including Barry Cohen, be invited to meet with the ATADA board to discuss issues such as vetting and early entry and how ATADA can help them with their shows.

The issue of non-dues payment and probationary letters was discussed, and that members could be dropped for non-payment of dues. If other issues of members' behavior are presented to the board, the member in question should have the opportunity to respond after written confirmation by a complaining member. A membership application was recently received and membership was denied by the board.

ATADA Webmaster/Zuni jewelry expert Arch Thiessen then discussed the new Caveat_Emptor page meant to identify known fakes. He passed around a bracelet (an antiqued contemporary Philippine import that had been sold on eBay as "old Zuni Inlay") that he bought with ATADA money, and explained that he was creating a database of samples of fakes that are being sold in the marketplace "as we speak." Thiessen was encouraged to continue and expand this page, including photographing Tony Eriacho's collection of fake Zuni jewelry, and finding additional fakes as provided by ATADA members and other collectors who are willing to contribute examples for the Caveat_Emptor page.

Bob Bauver closed the meeting by asking that the board approve an annual ATADA donation of $500 to the American Indian College Fund.

ATADA Annual General Membership Meeting

August 15, 8:30 AM,

Hotel Santa Fe

President Thomas Murray told a standingroom- only audience about his vision of ATADA's future, pointing out that although he was a tribal art dealer, he was a fan of American Indian art, saying 'we're all in this together" and that we have an opportunity "to collectively support each other's interests."

We have to educate ourselves as dealers, he continued, learn the "new rules," about the "new fakes, and changing cultural patrimony issues." ATADA should, he said, "revisit its origins in ethical trading." Outreach to tribal art dealers is also important to build our membership.

To realize this new vision, the board decided to raise the membership dues for the first time since the organization was formed in 1986. Doubling the dues, Tom said, would allow us to promote ATADA in the marketplace through ads, and possibly through an ATADA show.

Murray also pointed out the difference when it comes to fakes between a sin of omission - not recognizing a fake - and a sin of commission - presenting a known fake as an authentic artifact. The ATADA website, Murray said, would soon have a database of fakes, which could help members in recognizing what was fake and what was real, and which would identify specific fakes being offered in the online and actual marketplace. ATADA's web staff has already started to create a database of fake pieces of any kind which will be accessible at http://www.atada.org/Caveat_Emptor.html.

Zuni jeweler/guest speaker Tony Eriacho then showed the membership a group of fake Zuni jewelry, and said that Zuni fakes are only a small percentage of all fakes.

Arch Thiessen, who had invited Tony to the meeting, said that 50 fake Zuni pieces had been sold on eBay and one had been sold at auction that week in Santa Fe. The board plans to invite Tony to display his fakes and speak at the Marin show.

Tom Murray then spoke about the 2008 Directory, which he sees as an outreach opportunity if we print many extra copies and bundle them with issues of tribal art magazines going to subscribers nationally and globally. In the new Directory format, each Full member will get one page that will include an image, contact information and specialties. As each page is essentially an ad, there will be no dealer ads. There will be no extra charge for being in the Directory - it is a privilege of membership.

Tom then introduced the idea of bringing several new regional tribal art organizations (in San Francisco, Los Angeles and Santa Fe) under the ATADA umbrella. "If they join us," he said, "we would be both collectively stronger and more diverse." Collectors, Tom added, can still be Associates, but most of the new ideas will benefit our Full members.

"We are at a tipping point," Tom told the members. "We must be more aggressive in outreach beyond our current market."

John Molloy asked whether the dues should be raised to $1000 per year.

Tom answered the $400 would have to suffice "until we prove ourselves."

Brant Mackley repeated that active dealers should not be Associates. Tom added that we may lose some members, but may gain some as well.

Tom then said that although ATADA vetted Barry Cohen's show, "some things slipped through, as the vetting was not rigorous," and that ATADA would no longer vet the show as an organization.

Letters to the Membership

Letters relating to annual dues and the new Directory have been sent out to the Membership. In case you did not receive yours, here is what they said. First, the letter about dues, then the instructions and time-line for the 2008 Directory.

August 31, 2007

To all members of ATADA:

As president Thomas Murray discussed at the general membership meeting in Santa Fe on August 15, ATADA's board of directors has voted to raise the annual membership dues for the year 2008, beginning January 1. The new dues will be $400 per year for Full members and $200 per year for Associates. The $25 per year Museum member fee will remain the same. As of January 1, 2008, the onetime Full member initiation fee will be $500.

As Thomas said at our meeting, ATADA's dues have stayed the same since the organization was founded 20 years ago. We need the added revenue in order to simply maintain our systems now, and also to begin to fulfill our ambitious plans to promote ATADA and its members nationally and globally.

The first thing we will do is create a new membership Directory in a format resembling Caskey-Lees and Kim Martindale show catalogues: one Full member will be featured per page, with that member's choice of color image as well as contact information. There will be no dealer ads, as each page is essentially an ad. Associates and Museum members will be listed as they have been in the past. There will be no extra charge for the new Directory; it is a benefit of membership.

We also plan to print many more copies than we have in the past, and to distribute those extra copies packaged with various tribal art magazines with readership in Europe and Asia and well as in the U.S. We are also placing an ad in the upcoming issue of American Indian Art magazine offering to send a copy of the new Directory free to anyone who fills out and returns our coupon.

In addition, you will be receiving information about a reduced-price offer to participate in an ATADA-only cooperative full-page four-color advertising section of the International Herald Tribune, whose readership is a demographer's dream.

We will be getting in touch with you again about important deadlines and specs for the new Directory. We plan to have copies to give out at the Caskey- Lees' San Francisco Textile and Tribal Art show and at Kim Martindale's 24th annual Marin Indian Art Show, both scheduled for February, 2008, in the Bay Area.

Here is a copy of the letter about the 2008 Directory; the actual letter included a sample Directory page

To All Full Members of ATADA: I have enclosed a sample page to give you an idea of what your page in the 2008 ATADA Directory will look like. The Directory's format will resemble Caskey- Lees and Kim Martindale show catalogues: one Full member will be featured per page, with that member's choice of color image as well as contact information.

There will be no dealer ads, as each page is essentially an ad. The image you use for your listing may be for sale; in fact, displaying images of fresh material should drive traffic to our site and can mean added sales for you. Although the image in the printed version will stay the same for a year, the online image can be changed as often as once a month. Associates will be listed only by name (not a business name) with minimal contact information, and Museum members will be listed as they have been in the past.

Because the directory format has changed radically, we ask that all Full members resubmit their contact information, specialties, and services BY NOVEMBER 15 by filling out a membership renewal application form at http://www.atada.org/full_member_appli cation.html. Previous years' images, specialties text, and services text will not be appropriate for the new directory, so you must resubmit your information. And you must send a new image to Wes@ATADA.org. You will find detailed instructions including image size requirements on the online application form page.

The information and the image printed in the printed directory will be the same as your online listing at http://www.atada.org/members2008.html , which means that it will be very easy to proofread your Directory entry yourself. The new Directory pages will be available December 1, and will be easy to check. I strongly recommend you do so.

Members without access to the Internet should contact executive director Alice Kaufman.

There will be no extra charge for the new Directory; it is a benefit of membership. We also plan to print many more copies than we have in the past, and to distribute those extra copies packaged with various tribal art magazines with readership in Europe and Asia as well as in the U.S. We are also placing an ad in the upcoming issue of American Indian Art magazine offering to send a copy of the new Directory free to anyone who fills out and returns our coupon. Free copies can also be requested on the new ATADA Publications web page, http://www.atada.org/publications.html.

We plan to distribute the Directory at both the Caskey-Lees tribal and textile art show and Kim Martindale's Marin Indian Art Show, both taking place in the Bay Area in February.

In order to have the catalogues ready in time to take advantage of the opportunity presented by these two shows, we must stick to a very strict time schedule. Here is what we need from you and when:

Please submit your full text at http://www.atada.org/full_member_appli cation.html and send a new image to Wes@ATADA.org by November 15 If youdo not have internet access, please contact executive director Alice Kaufman. IF YOU DO NOT HAVE AN IMAGE FOR YOUR ONLINE LISTING, YOU MUST PROVIDE ONE BY NOVEMBER 15 OR THERE WIIL BE NO IMAGE WITH YOUR DIRECTORY LISTING. Wes Pritts, ATADA's graphic designer, will prepare all the pages that have been submitted for publication. However, due to tight deadlines, if we do not receive your dues for 2008 by January 2, 2008, your listing will be pulled. Remember, Full member dues for 2008 are now $400.

Please contact me if you have any questions about the 2008 Directory.

Alice Kaufman
Executive Director
Alice@ATADA.com
(415) 863-3713

From ATADA's email

from Rich Edwards:

Dear Friends,

I guess we have to start the letters and phone calls to our Senators and Congressmen going again. The "technical corrections" bill to change the definition of Native American in NAGPRA is back. I thought this bad bill had died, but it keeps surfacing.

S.2087

Connect to the article and bill via http://indianz.com/News/2007/005176.asp

Book News

Available now: "Hopi & Pueblo Tiles: An Illustrated History" by Kim and Pat Messier ($14.95, Rio Nuevo Publishers) encompasses more than five years of research into the fascinating subject of pottery tiles made by the Indians of the Southwest for over a century. Though typically associated with the Hopi, several New Mexico pueblos also have a long tile-making tradition. Hopi & Pueblo Tiles will acquaint the reader with not only the origin of tilesas- art at Hopi in the 1880s, but also tiles made during the decades leading up to the work of contemporary potters, such as Darlene James, Jason Garcia and Jacob Koopee, who are carrying on the tile making tradition. The book features illustrations of more than 100 tiles, including examples by Nampeyo, Maria Martinez, Tonita Roybal, Sadie Adams and Fannie Nampeyo, as well as a forward by Barton Wright.

Co-authors and ATADA members Pat and Kim Messier are guest curators of the exhibit Clay Squared: Southwest Indian Tiles at Arizona State Museum that closed in October. The Tucson mother-daughter team have researched, collected, and worked in the field of Native American arts and crafts for over two decades.

Charitable Donations and the IRS: What You Need to Know

Jennifer Lieberman, Member of the American Society of Appraisers in Ethnographic Arts, and her mother, Susan Lerer, have advice for members who do estate appraisal work as well as members who are considering donating part or all of their collection.

Over the past year in art circles around the United States, there has been much thoughtful discussion on estate planning and charitable gifting in the context of ethnographic and fine art collections. The Pension Protection Act (known as the PPA) went into effect on August 17, 2006, affecting most charitable donations made after that date by tightening some of the provisions that regulate taxpayers' responsibilities when declaring deductions of donated property and paying estate taxes. While it focuses on charitable contributions, the IRS will also adapt procedures for dealing with other tax-related provisions of the Pension Protection Act, particularly estate appraisal work. This article clarifies essential information you need to know when making a charitable donation of your artwork, and highlights new changes in the law which may also affect estate planning. Several IRS rules regulating donations of artworks to qualified charitable nonprofit organizations have remained the same, but a few have been adjusted which greatly impact the taxpayer's responsibilities. Below are straightforward answers to questions about how to get the most out of your collections by making generous donations to nonprofit institutions. At the end of this article Internet resources are listed that give more information. Please contact your accountant and/or tax attorney before making decisions based on this information.

Is my donation of artwork considered Related Use?

Related Use means that the charity will not sell the artwork, but will use or intend to use it in a manner consistent with its tax exempt purpose. In most cases, a charity will write you a letter stating that it intends to use the artwork for a related use. A charity's expected use of the property is generally sufficient. For example, it is permissible to take a Related Use deduction if you have "reasonable anticipation" that your gift will be used to accomplish the charity's exempt purpose - in other words, it is reasonable to expect that a donated artwork given to a museum would be studied and/or displayed.

Unrelated Use means a use that is not related to the exempt purpose or function of the charitable organization. This applies when donated artworks are sold to raise money for the organization. You can claim a deduction for donations whether they are for Related or Non Related Use, but the amount of your deduction will be affected.

How much can I deduct?

It depends. You should consult your accountant and/or tax attorney for information that applies specifically to you.

But in general, the following is the case: If you are a collector or investor in art for long-term capital gain and you give artworks from your collection that you have owned for at least one year to a qualified organization for Related Use of their taxexempt purposes, you generally can deduct the Fair Market Value of the property at the time of the contribution. This deduction is normally usable up to 30% of your adjusted gross income with a fiveyear carry forward provision for the amount of charitable contribution that you are not able to deduct in the current year if it exceeds your adjusted-gross income limits.

If you are a dealer who buys or sells art at a profit or an artist whose art is considered inventory or ordinary income property, and you donate artworks from your inventory or collection, your deduction is generally limited to the lesser of the Fair Market Value or your Cost Basis (e.g. what you paid for the object), up to 50% of your adjusted gross income.

In either case, if you make a donation of Non Related Use, you generally can deduct your Cost Basis, with some exceptions.

When a deduction is limited to cost basis, it is treated as equivalent to a cashtype deduction and may be used up to 50% of adjusted gross income. The fiveyear carry forward provision for any charitable contribution not deductible under the current year limits also applies.

What new changes affect Fractional Interest Donations?

Fractional gifts are a popular charitable planning tool for some art collectors. Gifts of fractional interests in art and collections are generally deductible at Fair Market Value. However, the PPA imposes new limitations on future fractional gifts. The new PPA provisions require charities receiving a fractional interest in an art object to take complete ownership of the object within ten years or the death of the donor, whichever is first. In addition, the donee must take possession of the item at least once during the 10-year period and use the item for the organization's exempt purpose. For subsequent donations of fractional interest in the artwork, the Fair Market Value of those contributions is the smaller of:

l The FMV of the property at the time of the initial fractional contribution, or

l The FMV of the property at the time of the additional contribution.

Penalties and Recaptures: Failure to comply with these requirements results in the recapture of all tax benefits plus interest and the imposition of a 10% penalty.

What is the IRS 8283 Form?

The IRS 8283 Form is used to report information to the IRS about non-cash charitable contributions, such as artworks that have a combined value of $500 or more.

If you do not include an 8283 Form with your income tax return, your claim will be disallowed. Depending on the value of your donation, you many need to complete only part of the 8283 Form. For donations valued at over $5000, both a Qualified Appraiser and a representative of the donee organization must also sign the 8283 Form. The donee's signature does not represent concurrence in the appraised value; it is only an acknowledgement of receipt of the property and indicates knowledge of the information reporting requirements. A printable version of IRS Form 8283 is available online at the address provided at the end of this article.

What are my IRS reporting and record keeping responsibilities? Your IRS reporting and recordkeeping responsibilities change when the total declared value of your donated artwork(s) exceeds thresholds of $250, $500, $5000, and $20,000. In order to claim your deduction, you must do the following:

Donations valued at $250 or less:

1. Keep reliable written records of the Fair Market Value of the objects at the time of gift and how you calculated the Fair Market Value, the date of gift and any terms or conditions attached to the gift. An appraisal is not required, but if FMV was determined by appraisal, keep a copy of the signed appraisal.

Donations valued at $251 -$500:

Include #1 above, plus

2. Keep a letter of acknowledgement from the charitable organization showing the name of the organization, date and location of the contribution, and description of the property.

Donations valued at $501 -$5,000:

Include #1and 2 above, plus

3. Submit IRS Form 8283 (side A) along with your tax return. On side A of the 8283 Form, you declare the value of your donation based on your own records in (1) above. You also must declare how and when you obtained the objects that are being donated, as well as your cost or adjusted basis for the objects.

Donations valued at $5,001 - $19,999:

Include #1-3 above, plus

4. Side B of IRS Form 8283 must be signed by the Donee organization.

5. Side B of IRS Form 8283 must also be signed by a Qualified Appraiser.

6. Do not declare the value of your donation on side A of the 8283 Form. Instead, obtain a Qualified Appraisal of the donated property from a Qualified Appraiser and attach an appraisal summary to your income tax return.

Generally, for donations of art under $20,000 you do not need to attach the Qualified Apraisal report itself, but you must keep a copy as long as it may be relevant under the tax law.

7. You must receive the Qualified Apraisal before the due date, including extensions, of the return on which a charitable contribution deduction is first claimed for the donated property.

Donations of artwork valued at $20,000 or more:

Include #1-7 above, plus

8. Submit a complete copy of a Qualified Appraisal of the donated property along with IRS Form 8283. Appraisals of any single object donated with an appraised value of $20,000 or more will automatically be sent to the IRS Commissioner's Art Advisory Panel (composed of a group of dealers and museum directors) who review and recommend acceptance or adjustment of taxpayers' claimed values for major artworks.

9. For individual art objects valued at $20,000 or more, an 8x10 color photograph must be included in the Appraisal Report.

What is a Qualified Appraisal?

The PPA provisions have raised the bar for the standards of appraisals that taxpayers submit to the IRS of artworks for both donation and estate taxes. A Qualified Appraisal is an appraisal document that:

l Is dated no earlier than 60 days before the date of contribution of the appraised property.

l Does not involve a prohibited appraisal fee. Generally, no part of the fee arrangement for a Qualified Appraisal can be based on the appraised value of the property or on what is allowed as a deduction for the property.

l Includes specific descriptive information of the artwork, terms and date of donation, identification and qualifications of the appraiser, method, basis and date of valuation.

l Conforms to the Uniform Standards of Professional Appraisal Standards (USPAP) as developed by the Appraisal Standards Board of the Appraisal Foundation.

l Is prepared, signed, and dated by a Qualified Appraiser.

l Contains a statement from the appraiser regarding knowledge of penalties for Substantial or Gross valuation misstatements.

What is a Qualified Appraiser?

The PPA made significant changes in the qualifications necessary to perform tax related appraisals and in the valuation standards relied on to determine the Fair Market Value of artworks for tax purposes (both for estate taxes and charitable gifting).

The new law also demands greater accountability from appraisers performing valuations used in the preparation of tax returns, including tighter accuracy tolerances and tougher penalties against appraisers AND taxpayers for substantial and gross valuation misstatements.

A Qualified Appraiser is an individual who:

l Has earned an appraisal designation from a recognized professional appraiser organization for demonstrated competency in valuing the type of property being appraised (such as American Society of Appraisers, International Society of Appraisers or American Association of Appraisers) or has met certain minimum education and experience requirements.

l Has passed an examination on the Uniform Standards of Professional Appraisal Standards (USPAP) and has prepared the appraisal report in accordance with the USPAP principles and procedures.

l Demonstrates verifiable education and experience in valuing the type of property being appraised.

l Regularly prepares appraisals for which she or he is paid.

l Has not been prohibited from practicing before the IRS at any time during the previous three years or is not an otherwise Excluded Individual.

Who is not a Qualified Appraiser? (Excluded Individuals)

The following individuals are excluded by the IRS as Qualified Appraisers:

l The donor of the property or the taxpayer who claims the deduction.

l The donee of the property.

l A party to the transaction in which the donor acquired the property being appraised, unless the property is donated within 2 months of the date of acquisition and its appraised value is not more than its acquisition price. This applies to the person who sold, exchanged, or gave the property to the donor, or any person who acted as an agent for the transferor or donor in the transaction.

l Any person employed by any of the above people. For example, if the donor acquired an African sculpture from an art dealer, neither the dealer nor anyone employed by the dealer can be qualified appraisers for that object.

l Any person related to any of the above people or married to a person related to any of the above people.

l An appraiser who appraises regularly for either the donor, the donee or a party to the transaction in which the donor acquired the property, and who does not perform a majority of his or her appraisals for other people.

l An appraiser who makes an agreement with the donor concerning the amount at which the property will be valued, and the donor knows that amount will result in an overstatement of value.

What are Substantial and Gross Misstatements of Value?

The Pension Protection Act has lower tolerances and tighter penalties that will be imposed on any person who prepared the appraisal and who knew, or should have known, the appraisal would be used in connection with a return or claim for refund if the claimed value of property based on an appraisal results in a Substantial or Gross valuation misstatement:

l A Substantial Valuation Misstatement exists when the claimed value of the property is 150% or more of the correct value (previously 200%).

l A Gross Valuation Misstatement exists when the claimed value of the property is 200% or more of the correct value (previously 400%). P

enalties: For Appraisers, the PPA has increased penalties for incorrect appraisals to the greater of $1000 or 10% of the understatement from a Substantial or Gross Valuation Misstatement, with a cap of 125% of the appraiser's gross income from the appraisal. The IRS may discipline appraisers after notice and a hearing including barring an appraiser from practicing before the IRS for three years.

As taxpayers, you may be penalized if you overstate the value or adjusted basis of donated property on your tax return:

l 20% penalty: The penalty is 20% of the amount by which you underpaid your tax because of the overstatement, if the value or adjusted basis claimed on your return is 150% or more of the correct amount, and you underpaid your tax by more than $5000 because of the overstatement.

l 40% penalty. The penalty is 40%, (previously 20%), if the value or adjusted basis claimed on your return is 200% or more of the correct amount, and you underpaid your tax by more than $5000 because of the overstatement.

The new provisions of the Pension Protection Act of 2006 have set the stage for more accurate valuation reporting in the context of charitable donations and estate appraisal work. The resources below provide more information on the topics covered in this article. As tax payers, you need to know about the law and are best advised to enlist the services of accountants, tax attorneys or appraisers who are knowledgeable as well.

Internet Resources:

The resources below were used in preparation of this article:

Media File

Excerpts from recent newspaper, magazine and Internet articles of interest to the Membership. All opinions are those of the writers of the articles and of the people quoted, not of ATADA. Members are encouraged to submit press clippings or email links for publication in the next Newsletter.

From The New York Times. September 12, 2007: "National Indian Museum Gets New Director"

The story: "Kevin Gover, a member of the Pawnee Tribe of Oklahoma and a professor at the Sandra Day O'Connor College of Law at Arizona State University in Tempe, has been named director of the Smithsonian Institution's National Museum of the American Indian.

Announced yesterday, the appointment by Cristián Samper, acting secretary of the Smithsonian, was the recommendation of a search committee. Mr. Gover, 52, who serves on the faculty of the university's Indian Legal Program, was the assistant secretary for Indian Affairs in the Interior Department from 1997 to 2000. On Dec. 2 he will succeed W. Richard West Jr., the museum's founding director, who is retiring after 17 years.

Established by Congress in 1989, the museum comprises the National Museum of the American Indian on the National Mall in Washington, the George Gustav Heye Center in Lower Manhattan and the American Indian Cultural Resources Center in Suitland, Md."

"Need Cash? Just Auction Off A Meteorite." Was the headline for James Barron's September 15 story in The New York Times.

The problem: the Confederated Tribes of Grand Ronde consider the entire meteorite - which was found on their land in the Willamette Valley in 1902 - a sacred icon.

Barron's story: "In the morning, Darryl Pitt said he was feeling the pressure. He was talking fast, very fast, as is his habit.

"First he said that having his photograph taken felt 'uncomfortable and wrong.' He changed his mind later on. That was after a public relations person from the American Museum of Natural History showed up and interrupted Mr. Pitt, who by then was talking about the mineral troilite.

"The public relations person, Stephen A. Reichl, said to the reporter interviewing Mr. Pitt: 'Mr. Pitt is not a curator of this museum. I hope you will get information from the curator.'

"But Mr. Pitt had not run out of information. He was talking about meteorites. Not just any old ones, but one that will be auctioned on Oct. 28, a 30-pound chunk sliced off one of the most famous meteorites in the world, the 15 ½-ton one that Mr. Pitt was standing next to at the museum: the Willamette meteorite.

"Once again, as it was at the opening of the museum's Rose Center for Earth and Space in 2000, the Willamette meteorite is at the center of a brouhaha. An American Indian group in Oregon heard about the auction and accused Mr. Pitt of insensitivity for selling his fragment, which Bonhams, the auction house handling the sale, says has an estimated value of $1.1 million to $1.3 million.

"The Indian group, the Confederated Tribes of Grand Ronde, considers the entire meteorite - which was found on their land in the Willamette Valley in 1902 - a sacred icon, so much so that it filed a claim in 1999 seeking its return. The museum countered with a lawsuit that asked a judge to declare it the rightful owner, and in 2000 a compromise was reached that left the meteorite in the museum. That deal came a little more than two years after Mr. Pitt got his chunk from the museum.

" 'The tribe believes that selling off even a small piece is 'highly inappropriate,' said Siobhan Taylor, a spokeswoman for Grand Ronde.

" 'We're dismayed and hurt,' Ms. Taylor said. 'To see that there are people who would take something that they know is held in such sacred esteem and barter it is a dismaying experience.'

"She also said the tribe would not try to buy it, although she said that someone else could - and 'bring that meteorite back to its home.'

"Word that the tribe was upset troubled Mr. Pitt. So did the fallout from an Associated Press article on Thursday. That article followed one in The New York Sun that focused on the auction, to be held at Bonhams, at 595 Madison Avenue.

" 'You're talking about the Grand Ronde, and this is actually making me sick,' Mr. Pitt said. "The Grand Ronde is such a small fraction of the story. This thing is older than the universe. This is a conspicuously missing piece that is being offered for sale.'

"That was in the morning. By midafternoon, after a stream of calls prompted by the A.P. story, he sent an e-mail message saying, 'I've just so had it.' He added, 'The beliefs of the Grand Ronde should not preclude science or the commerce of meteorites.'

"Back to the interview in the morning, which began outside the museum, a location suggested by a public relations person for Bonhams. It developed later, when Mr. Reichl, the spokesman, walked over, that the museum may not have been comfortable with the idea.

"Mr. Pitt said he got his piece of the Willamette in a trade with the museum for a piece of a meteorite from Mars known as the Governador Valadares. He said he had been doing some 'subdividing,' cutting off pieces that went to scientific institutions like the British Museum, when he met with Martin Prinz, the longtime curator of the meteorite collection at the Museum of Natural History, in 1998. Mr. Prinz asked what he wanted for a piece of the Governador Valadares.

" 'I said, as a joke, the Willamette meteorite,' Mr. Pitt recalled. 'He was relieved. He thought I would chase some of the more scientifically important meteorites, from which there was less material. He said, "I have been thinking of cutting the Willamette to study its recrystallized structure. Would that do?" '

"Mr. Pitt pointed to the place where, using a portable diamond saw, 'Marty, a couple of guys and myself cut off a piece.' (Mr. Prinz died in 2000.)

"Mr. Pitt said he was selling his chunk now because he needs the money. His business is managing jazz musicians, but he said he had spent so much time caring for the Grammy-winning saxophonist Michael Brecker - who died of leukemia in January - that his 'cash flow was getting hit hard.'

"By the end of the day, Mr. Reichl, the museum spokesman, had found a curator, Denton Ebel, officially an assistant curator of earth and planetary sciences. He said that troilite was pretty much what Mr. Pitt said it was: 'a common mineral found in meteorites.'"

In a follow up to a story that appeared in the last issue of the ATADA News, the headline of Randy Kennedy's September 17 New York Times story was "Yale Officials Agree to Return Peruvian Artifacts."

After a long standoff with the government of Peru," the story began, "Yale University has agreed to return a large group of artifacts that were excavated at Machu Picchu in a historic dig by a Yale explorer in 1912 and that Peru contends were merely on loan and should have been returned long ago.

"For several years Yale had argued that it had returned all borrowed objects in the 1920s, retaining only those to which it had full title. Yale proposed dividing possession of the artifacts. But negotiations between the university and the administration of President Alejandro Toledo, who was in power from 2001 until July 2006, broke down, and Peru threatened last year to go to court.

"On Friday night Yale officials and a Peruvian delegation that traveled to New Haven signed a preliminary agreement that would return title to Peru of more than 350 artifacts - ceramics and metal and stone objects - that are considered to be of museum quality and several thousand fragments, bones and other objects considered to be primarily of interest to researchers.

"The agreement, which establishes an extensive collaborative relationship between Yale and Peru, provides for an international traveling exhibition. Admission fees will be used to help build a new museum and research center in Cuzco, the city closest to Machu Picchu. The museum, for which Yale will serve as adviser, is expected to be completed in 2010.

"Some of the research-quality artifacts will remain at Yale, while others will be returned, though legal title to all the items will be held by Peru. Yale will also contribute what one university official called a 'significant' amount of money to establish a program of scholarly exchanges that will continue for at least three years.

" 'We aim to create a new model for resolving competing interests in cultural property,' Yale's president, Richard C. Levin, said yesterday about the agreement. 'This can best be achieved by building a collaborative relationship - one which involves scholars and researchers from Yale and Peru - that serves science and human understanding.'

"Peruvian officials have acknowledged that many of the objects themselves do not have great aesthetic or museum value. But their claim to them came at a time when Italy, Greece and several other countries had begun to wage impassioned public campaigns for repatriation of objects viewed as cultural patrimony that led to the return of pieces by the Metropolitan Museum of Art; the Museum of Fine Arts, Boston; and the J. Paul Getty Museum.

"In a joint statement Yale and the Peruvian government called the deal 'a new model of international cooperation providing for the collaborative stewardship of cultural and natural treasures.'

"In comments broadcast on Peruvian radio, Hernán Garrido-Lecca, who led negotiations for Peru as housing and construction minister, said, 'After 14 hours of negotiations we arrived at a happy agreement in which Peru was established as the owner of every one of the pieces.'

"The agreement came after several months of negotiations. Talks that had broken down resumed after Mr. Toledo's term ended and Peru elected a new president, Alan García.

"The objects were excavated almost a century ago by Hiram Bingham III, a charismatic professor, aviator and later senator who is credited with the modern discovery of Machu Picchu, which he stumbled upon while looking for another archaeological site. Before his arrival the Inca complex had been known to only a few local farmers around Cuzco. Bingham struck deals with the government at the time to allow him to send objects back to Yale that he had excavated from about 170 tombs at the site.

"Though the Machu Picchu objects were not looted, the dispute between Yale and Peru seemed fueled at least in part by the Toledo government decision to make the country's Inca heritage a central theme of its administration."

"Gene Savoy, Flamboyant Explorer of Ruins, Dies at 80," was the headline for the obituary in The New York Times by Douglas Martin on September 19.

The obituary: "Gene Savoy, an amateur archaeologist whose success in finding some 40 Incan and pre-Incan ruins in Peru was matched by a flair for self-promotion that drew on his tales of peril in the jungle, his bandito mustache and Stetson hat, and a retinue of would-be explorers who paid to accompany him, died on Sept. 11 at his home in Reno, Nev. He was 80.

"His son Sean said that he did not know the cause of death but that Mr. Savoy had suffered from vascular disease.

"Mr. Savoy, who even founded his own religion, was a larger-than-life character and did not care who knew it. His quests were larger still: He sought the Fountain of Youth, the Treasure of El Dorado, proof that Solomon's gold had come from South America and what his son called 'the answers to life.'

"His actual discoveries included Vilcabamba, the Incas' last refuge from the Spanish, the place Hiram Bingham thought he had found with his discovery of Machu Picchu in 1911. He is also credited with finding Gran Pajatén, a pre-Incan stone city. And his discovery of Gran Vilaya, an intricate network of 24,000 stone structures covering 100 square miles of dense jungle, helped establish that a high civilization had existed in Peru apart from the coast and the Andes.

" 'He was a great adventurer and explorer,' Tom D. Dillehay, an anthropology professor at Vanderbilt University, said in an interview Monday.

"Warren B. Church, an archaeologist at Columbus State University in Georgia, particularly applauded Mr. Savoy's discovery of Vilcabamba. But as for Gran Pajatén, he said, Mr. Savoy's claim of discovery in 1965 was not the first. He said a local mayor had reported that his townspeople had found the ruins a year earlier but that they had been ignored by the authorities in Lima.

"That episode became further complicated when a University of Colorado team was given credit for the find in 1985 and Mr. Savoy objected that his own discovery had been widely reported 20 years earlier. (He neglected to mention the claim made by the local villagers still earlier, even though the mayor who had reported it was among those with him at Gran Pajatén.) When People magazine reported on the controversy between Mr. Savoy and the University of Colorado team, it likened Mr. Savoy to Indiana Jones, an image he assiduously polished in ensuing years.

"Scientists have also questioned Mr. Savoy's tendency to use his explorations to pursue unusual theories, his lack of scientific expertise and his ballyhooing of discoveries. Keith Muscutt, an archaeologist at the University of California, Santa Cruz, said in an interview with The Los Angeles Times in 2004 that finding ruins in the region where Mr. Savoy prowled 'is about as hard as finding elephants in a zoo.'

"Others wondered if Mr. Savoy's practice of allowing would-be explorers to pay to accompany him might have embellished his characterization of what they found. In 1967, the charge for a 21- day expedition for two was $10,160, The New York Times reported at the time.

"Douglas Eugene Savoy was born in Bellingham, Wash., on May 11, 1927, and grew up fascinated with local Indians and archaeology. At 17, he joined the Navy and became an aircraft gunner. He attended the University of Portland, a Roman Catholic institution, but dropped out to pursue his broadening captivation with religion. For a decade, he studied subjects including philosophy and folklore, both on his own and with private tutors.

"Then, in 1959, he founded the International Community of Christ, Church of the Second Advent, which claims thousands of followers around the world. Its theology, which is said to emerge from the teachings of the Essenes of Jesus' time, includes elements of many world religions and holds that the Second Coming is already occurring.

"Mr. Savoy went on his first archaeological mission in 1957, to Peru. It was canceled for lack of financing, but he stayed on.

"In addition to pursuing terrestrial archaeology, he organized missions in an effort to prove that ancient civilizations had been connected by sea travel. The first such mission involved a voyage on a raft from northern Peru to Mexico. Another attempted a round-the-world trip intended to prove that the ancient Egyptians, Japanese, Incas and Jews could have been in touch.

"Mr. Savoy married the former Sylvia Ontaneda in 1971; they divorced in 1992. His other marriages, to Carmel Cervetto and Elvira Clark, also ended in divorce. He is survived by the children of his first marriage, Gene Jr., Sean and Sylvia Jamila Savoy, all of Reno; three brothers, Bill Dailey of Reno, Jack Dailey of Medford, Ore., and Douglas Leon Dailey of Talent, Ore.; and three granddaughters.

"Sean Savoy said that two additional sons had been born of his father's marriage to Ms. Cervetto but that the family had lost touch with them.

"Mr. Savoy wrote 60 books on religion and four on his explorations. His penchant for colorful recollections never abated in interviews, even as his health worsened. He spoke of friends' being kidnapped by pirates, of a nearly fatal bite of a pit viper, of the utter loneliness of the sea.

"But he could also be downright practical about the worth of his accomplishments: he said his discoveries, based on hunch and chutzpah, had paved the way for serious scientists.

"Professor Dillehay agreed, and said the process was not over.

" 'Some of the sites that he discovered and examined have not been fully explored by others,' the professor said. 'In some ways, his heyday has not yet come.' "

October 3, 2007

"Nike Adds Indian Artifacts to Its Swoosh" was the headline of Andrew Adam Goodman's October 3 story in The New York Times.

The Story: "When Nike recently introduced a shoe designed specifically for American Indians, the company said it was to promote a healthy lifestyle on reservations.

"But along with its trademark swoosh, the Nike Air Native N7 features feathers and arrowheads, which bloggers have found off-putting.

" 'If this isn't an example of corporate manipulation of race, I don't know what is,' wrote one of about 200 readers commenting online about an article that appeared in The Rapid City Journal in South Dakota. There, the response to the article was split.

" 'What makes this a ridiculously bad move is decorating it "Native American style," ' added a reader identified as 'la foi,' on the Web site of The Portland Mercury, an alternative weekly near Nike headquarters in Bend, Ore.

" 'They probably brought in a Native consultant and heard what they wanted to hear, which is that Native Americans like sunrises and rainbows and feel real connected to the earth and the night sky and stuff.'

"But one of those consultants, Rodney Stapp, a podiatrist and a member of the Comanche Nation of Oklahoma, begs to differ. 'There are always going to be negative comments,' said Mr. Stapp, who is director of the Dallas Urban Indian Health Center, 'but most of them are saying that because they are not really familiar with the whole process that Nike went through.'

"Mr. Stapp first contacted Nike several years ago, he recalled, after he discovered that a Nike crosstraining shoe, the Air Monarch, was well suited for his diabetic patients, who had turned up their noses at 'those big ugly black shoes' made specifically for diabetics. (American Indians are more than twice as likely to be diabetic as non- Hispanic whites, according to the Centers for Disease Control.)

"Mr. Stapp contacted the company, which agreed to provide the shoes to him at their wholesale price of $27.50 rather than the retail price of $60. The clinic, which was financed by the federal government, in turn agreed to provide the sneakers to patients free.

"Three years ago, Nike approached Mr. Stapp about being part of a team of consultants to design a shoe from scratch. 'Indians tend to have a wider forefoot,' he said, "but their heels are about average," which means that when shoes fit in the front, there can be 'heel slippage' in the back.

"Of course, the shoes will fit many who are not Indians perfectly well, but it is unlikely that they will be able to get their hands (or feet) on them.

"According to a Nike spokesman, the shoes, which will be shipped starting Nov. 1, will not be available at conventional retail outlets but only through Nike's Native American business program, which distributes through Indian clinics and businesses, many on reservations.

"Doctors who serve American Indians may have even more cause to nag their patients to exercise than doctors elsewhere. Along with a higher incidence of diabetes, deaths from heart disease are 20 percent higher than in the American population over all, while deaths from strokes are 14 percent higher, according to the Centers for Disease Control.

"The shoes have an $80 suggested retail price and will be sold to the Native American groups for $42.80. The company says its first run of the shoes, which come in men's and women's models, will be about 10,000 pairs, and that all profits from those sales - estimated at $200,000 at first - will be put into American Indian communities through a Nike athletic program called Let Me Play.

"While some have taken umbrage at the idea of designing shoes for a specific ethnic group, others take this all less seriously.

" 'When I heard it, the first thing I did is I laughed until I cried, because I just though it was hilarious,' said Sherman Alexie, a Spokane/Coeur d'Alene Indian and a novelist, who is on a book tour for 'The Absolutely True Diary of a Part-Time Indian,' a young adult novel.

" 'The day it was announced, I thought: "Are they going to have dream catchers on them? Are they going to be beaded? Will they have native bumper stickers on them that say, Custer had it coming?" ' "

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