Sproule v. Johnson
In this partnership dissolution case, the North Dakota Supreme Court affirmed the district court’s decision to use an appraisal of the Canadian entity as of 2019 instead of a value from an earlier agreement in principal. The later date was within the purview of the district court’s flexibility. Further, the Supreme Court affirmed the district court’s decision not to reduce the value of a partnership asset of stock in a Canadian corporation for taxes.
North Dakota Supreme Court Affirms Valuation Date, Affirms No Deduction for Taxes in Determining Stock Value
In this partnership dissolution case, the North Dakota Supreme Court affirmed the district court’s decision to use an appraisal of the Canadian entity as of 2019 instead of a value from an earlier agreement in principal. The later date was within the purview of the district court’s flexibility. Further, the Supreme Court affirmed the district court’s decision not to reduce the value of a partnership asset of stock in a Canadian corporation for taxes.
Ohio Appeals Court Approves Use of Fair Value Standard in Valuing Farm Entities
Appeals court upholds valuation of minority interest in farm entities based on fair value standard of value; court notes prevailing expert specifically referenced buy-sell agreements that did not contemplate use of discounts in valuing exiting member’s partial interest.
Tate v. Tate
Appeals court upholds valuation of minority interest in farm entities based on fair value standard of value; court notes prevailing expert specifically referenced buy-sell agreements that did not contemplate use of discounts in valuing exiting member’s partial interest.
NAV Alone Fails to Capture Distributional Interest’s Fair Value
Appellate court affirms fair value determination of distributional interest in family farm based on multiprong valuation; company is not a holding company, and net asset valuation alone fails to capture fair value of dissociating members’ interest.
Schewe v. Schewe Farms
Appellate court affirms fair value determination of distributional interest in family farm based on multiprong valuation; company is not a holding company, and net asset valuation alone fails to capture fair value of dissociating members’ interest.
NAV Alone Fails to Capture Distributional Interest’s Fair Value
Appellate court affirms fair value determination of distributional interest in family farm based on multiprong valuation; company is not a holding company, and net asset valuation alone fails to capture fair value of dissociating members’ interest.
High Court Pushes Back on Mandatory Discounts in Fair Value Determinations
In key ruling, state high court “expressly” rejects bright-line requirement to apply minority and marketability discounts in all fair value determinations; court says discounts are “just another fact that a court may consider in determining fair value.”
Wagner v. Wagner
In key ruling, state high court “expressly” rejects bright-line requirement to apply minority and marketability discounts in all fair value determinations; court says discounts are “just another fact that a court may consider in determining fair value.”
Court Affirms Award for Excluding Value of Farm From Marital Estate
State Court of Appeals values husband’s interest in a family agricultural business at $1 million, including a discount for lack of control, and finds lower court’s $250,000 Grace award to spouse to compensate for exclusion of the value of the business fro ...
Keig v. Keig
State Court of Appeals values husband’s interest in a family agricultural business at $1 million, including a discount for lack of control, and finds lower court’s $250,000 Grace award to spouse to compensate for exclusion of the value of the business fro ...
Can a Court Create ‘Blue Sky’ Value Out of Thin Air?
A Missouri divorce court creates “blue sky” value from widely disparate evidence.
Dowell v. Dowell
A Missouri divorce court creates “blue sky” value from widely disparate evidence.
Lack of evidence prompts court to ignore tax impacts when valuing partnership interest; ‘family discount’ for transfer of corporate shares also ignored
Husband owned a 27.5 percent interest in a partnership that was sold as part of a succession transaction and for which he received two notes, the face value of which totaled $469,156—which the trial court found constituted an inflated price.
Zwerk v. Zwerk
In this marital dissolution action, the court ruled that discounts given to family members that had no relation to marketability should be ignored when valuing corporate entities, and that the tax effects on a partnership interest should also be ignored.
Failure to consider tax and sale consequences in valuation upheld
One of the issues in this divorce appeal concerns the property distribution, including distribution of the family farm corporation.
In re the Marriage of Godes
At issue is the valuation of husband's interest in a family farm corporation.
Value of family farm interest includes expected harvest yield but not government subsidies
In this marital dissolution, the husband appealed the property division ordered by the district court on the grounds of erroneous valuations.
City of Stockton v. Albert Brocchi Farms, Inc.
The California Court of Appeal affirmed the lower court’s decision to exclude the valuation of condemned property using the discounted cash flow (DCF) method. The farm appealed the exclusion of the valuation. It also argued that an income valuation was ap ...
Tax Court Upholds Estate's Fractional Discount for Minority Interest Held by Limited Partnership
This valuation dispute arose from the undivided real estate interest held by the Forbes QTIP trust.
Failure to consider tax and sale consequences in valuation upheld
One of the issues in this divorce appeal concerns the valuation of the family farm corporation. The husband appealed the $200,000 lump sum payment to his wife. He sought reduction to prevent ...
Estate of Forbes v. Commissioner
Issue is fair market value of 42% and 42.9% undivided interests in two real estate parcels held by the QTIP, and what fractional discount should apply.
In re Marriage of Black
At issue is the valuation of husband's stock interest in a family farm.
Lavonna J. Stinson Estate (Stinson II) v. United States of America
The Seventh Circuit affirmed the district court's finding that the forgiveness of corporate debt is not a gift of a present interest to the corporation's shareholder, and, therefore, the annual gift tax exclusion could not be claimed. It additionally agr ...
Annual Exclusion May Not Be Applied to the Forgiveness of Corporate Debt
The 7th Circuit affirmed the district court's finding that the forgiveness of corporate debt is not a gift of a present interest to the corporation's shareholder, and, therefore, the annual gift tax exclusion could not be claimed.