On Art Theft, Tax, and Time: Triangulating Ownership Disputes Through the Tax Code

This Article will examine ways in which the tax code can be used in fashioning settlements between individuals over disputed Nazi-looted art. Part II provides an overview of Nazi-era art looting. Part III examines the income tax charitable deduction as a tool in settling disputes. Part IV explores the theft loss deduction as a possible tool in crafting settlements. Part V discusses the policy ramifications of using the tax code to resolve these private art disputes and proposes allowing a theft loss deduction when Nazi-looted art is returned to the owner.