Please accept our apologies for this lengthy response, as a
legitimate charity being falsely accused in a “rip-off report”, we feel the
need to be extremely transparent and detailed in this response. Please read through it and feel free to
contact us with any additional questions, toll-free at: 888-909-7664
Facts about the organization: The Songs of Love Foundation
is a 501 (c)(3) non-profit organization that creates personalized songs for
seriously ill children nationwide.
Our unique therapeutic work is used in over 350 hospitals nationwide and
has been provided free of charge to over 20,000 children. Our work has been featured in major
media including 60 Minutes, ABC World News Tonight and the Today Show. In order to have a source of
sustainable funding, we began a vehicle donation program in December 2001 and
have since been able to expand our services exponentially. In our most recent fiscal year over
seventy-eight percent of funds were utilized for programmatic expenses, with
only twenty-two percent for administrative and fundraising. This is well within IRS guidelines and
due to this our efficiency we have been awarded The Independent Charities Seal
of Excellence, which is provided to less then one percent of all charities
nationwide.
Our vehicle donation program: Songs of Love maintains an
in-house fundraising source, which complies 100% with all IRS and DMV
guidelines. As required by New
York State law, Songs of Love is licensed as a Wholesale Vehicle Dealer, which
allows us to transfer ownership of every donated vehicle to our organizations
name, relieving the donor of any and all liability for their donated
vehicle.
Regarding IRS regulations, Songs of Love complies 100% with
IRS guidelines put into effect over five years ago (January 2005), which
reduced the amount of deduction a donor may take for a vehicle donation. Per IRS guidelines, in most
circumstances a donors tax deduction is limited to $500, or the gross proceeds
of the sale of the vehicle, whichever amount is higher. Please note the IRS expressly
prohibits use of valuation guides, such as the Kelly Blue Book as they consider
these values to be unrealistic to the actual valuation of a donated vehicle. When
revising the regulations, the IRS stipulated that in the rare circumstances
when a donor may deduct the “fair market value” for their donation, it must be
based on a “Private Party Value”.
Additionally, even the Kelly Blue Book website states regarding the
“Retail Value”:
“Kelley Blue Book Suggested Retail Value is
representative of dealers' asking prices for a used car, and the starting point
for negotiation between a consumer and a dealer…The final sale price will
likely be less depending on the vehicle's actual condition, popularity, type of
warranty offered and local market conditions.”
IRS publication 4303, detailing these laws are available as
a PDF download on the main page of our vehicle donation website; additionally,
the regulations are listed in the Frequently Asked Questions portion of our
website and are available by speaking to one of our representative's and inquiring as to what the regulations are.
Regarding our procedure for evaluating vehicles and this specific
complaint: Songs of Love evaluates
each vehicle donated to our charity based on condition of the donated vehicle
and market conditions to determine the most beneficial use to our organization. For the last year we have complete
statistics (2008) forty-six percent of donors received a valuation above the
minimum $500 threshold. This is
due to the fact that we strive in every way possible to maximize a donor’s
generous contribution through utilizing public auctions, online auctions and
even international auctions to expand the possible buyer base for these
vehicles. When cost effective, we
contract with vendors to repair vehicles at wholesale prices so that we can
maximize the resale value and have taken the time and effort to replace
everything from starters to engines and transmissions. We would not spend our time and
resources doing this if we did not attempt to maximize every donation. Please
note however, that there are instances when a donated vehicle simply does not
have a high enough resale value to overcome the costs of repair, and thus is
resold to a scrap processor to raise the highest possible proceed.
Regarding this individuals specific complaint, this
report misrepresents our email correspondence in which the donor was told
exactly how much the vehicle was sold for (significantly higher then he claims
in the title) and to whom and the reasoning behind our decision. This correspondence concluded on November
4th, 2009 –five full days before this report was filed.
Please note the specific considerations taken into account
when evaluating this vehicle: the individual donated a 19 year old Jeep
Cherokee with 230,000 miles on it and an outstanding vehicle recall for the
brake rotors that he never bothered to fix. The individual quotes the Kelly Blue Book for his estimate
of the vehicles value, yet as noted above the IRS does not recognize this as a
legitimate value, and even Kelly Blue Book states that less then 5 percent of
all vehicle meet the “Excellent” criteria that the donor used to calculate the $1500-$1800 value stated in the complaint. Per their guidelines, his vehicle, which was unsafe to drive
(open recall for brake rotors) would
certainly not be in “excellent” condition and at best would be the criteria for
“fair” condition:
- Some mechanical or cosmetic defects and needs
servicing but is still in reasonable running condition. - Clean title
history, the paint, body and/or interior need work performed by a
professional.”
Thus, if we use the Kelly Blue Book Private Party Value to
establish a baseline figure for a possible value for this 1992 Jeep Cherokee
Laredo in “Fair” condition, we are left with a maximum value of $950. After
evaluating the cost of towing the vehicle twice to have the recall corrected,
replacing the vehicle’s dead battery and then processing the vehicle
through auction, the cost of auctioning the car would in all likelihood exceed
the profit generated, causing our charity to lose money on this donation. This was the reasoning behind selling
the vehicle to a scrap processor, so we could raise a large enough proceed to
write a “song of love” for a child in need. Again, all of this information was provided to the donor
in our email correspondence on November 4th, 2009—several days
before he filed this misleading report.
We will be more then happy to elaborate if anybody still has
reservations about donating to us.
We pride ourselves on our transparency.