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DISCLOSURE REQUIREMENTSatmosphere of the room in the museum, a good faith estimate of the benefitsreceived from the museum may be determined by reference to the cost of rentingeither of the two hotel ballrooms. The cost of renting one of these ballrooms is$2,500. Thus, a good faith estimate of the fair market value of the right to host a privateevent in the room in the museum is $2,500. Here, the ballrooms in the twohotels are considered similar and comparable facilities in relation to the museum’sroom for valuation purposes, notwithstanding the fact that the room in the museumdisplays a unique collection of art.In another example, a charitable organization offers to provide a one-hourtennis lesson with a tennis professional in return for the first payment of $500 ormore it receives. 37 The professional provides tennis lessons on a commercialbasis at the rate of $100 per hour. An individual pays the charity $500 and inreturn receives the tennis lesson. A good faith estimate of the fair market valueof the tennis lesson provided in exchange for the payment is $100.In this context, the regulations somewhat address the matter of the involvementof celebrities. This is another of the problems plaguing the fundraising community,as was articulated so well at an IRS hearing in November 1994. 38 Thissubject is not addressed by a separate regulation but rather by an example. 39 Acharity holds a promotion in which it states that, in return for the first payment of$1,000 or more it receives, it will provide a dinner for two followed by an eveningtour of a museum conducted by an artist whose most recent works are on displaythere. The artist does not provide tours of the museum on a commercial basis.Typically, tours of the museum are free to the public. An individual pays $1,000 tothe charity and in exchange receives a dinner valued at $100 and the museumtour. Because the tours are typically free to the public, a good faith estimate of thevalue of the tour conducted by the artist is $0. The fact that the tour is conductedby the artist rather than one of the museum’s regular tour guides does not renderthe tours dissimilar or incomparable for valuation purposes. 40Five types of goods or services are disregarded for purposes of the quid proquo contribution rules. 41 A comparable rule as to goods or services provided toemployees of donors is applicable in this context. 42No part of this type of a payment can be considered a deductible charitablegift unless two elements exist: (1) the patron makes a payment in an amountthat is in fact in excess of the fair market value of the goods or services received,and (2) the patron intends to make a payment in an amount that exceeds thatfair market value. 43 This requirement of the element of intent may prove to be37 Reg. § 1.6115-1(a)(3), Example 2.38 See note 31.39 Reg. § 1.6115-1(a)(3), Example 3.40 This rule as to celebrity presence is more important for what it does not say than for what it actually says. Basically,the regulation states that if the celebrity does something different from what he or she is known for (forexample, a painter conducting a tour), the fact that he or she is part of the event can be ignored for valuationpurposes. The regulation suggests, however, that if the celebrity does what he or she is celebrated for (for example,a singer or a comedian who performs as such), the value of that performance—being a service availableon a commercial basis—should be taken into account in valuing the event.41 See § 21.1(b), text accompanied by notes 51–60.42 Id., text accompanied by note 57.43 Reg. § 1.170A-1(h)(1). 612