Harvey v. Harvey (In re Michael S.)

BVLaw
Full Text of Court Cases
December 16, 2021
5169 Chemicals and Allied Products, NEC
325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing
marital dissolution/divorce
impairment, appraisal, discount, discount for lack of marketability (DLOM), fair market value (FMV), community property, shareholders

Harvey v. Harvey (In re Michael S.)
2021 Cal. App. Unpub. LEXIS 7867; 2021 WL 5934472
US
State Court
California
Court of Appeal
Michael Smith, John Iacopi, PricewaterhouseCoopers LLP
Detjen, Acting P. J.; Franson, J., Smith, J. concurred.

Summary

In this divorce case, on appeal, the California appellate court rejected a discount for taxes not immediate and specific and allowed a DLOM regarding the value of the wife’s one-half interest in the jointly owned business. The court also determined that “the [trial] court impliedly made the factual findings necessary to support its ruling regarding Cynthia’s breach of fiduciary duty claim.” Finally, the appeals court determined that the trial court had the authority to set its own terms for payment of the equalization amount to the wife.
Harvey v. Harvey
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See Also

In a Divorce Case, the California Court of Appeal Rejects Discount for Taxes Not Immediate and Specific But Allows a DLOM

In this divorce case, on appeal, the California appellate court rejected a discount for taxes not immediate and specific and allowed a DLOM regarding the value of the wife’s one-half interest in the jointly owned business. The court also determined that “the [trial] court impliedly made the factual findings necessary to support its ruling regarding Cynthia’s breach of fiduciary duty claim.” Finally, the appeals court determined that the trial court had the authority to set its own terms for payment of the equalization amount to the wife.