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Willamette gives insights into estate and gift valuations

The Summer 2019 Insights from Willamette Management Associates focuses on valuations for estate and gift tax purposes and is edited by Weston C. Kirk.

Attorneys and Valuers Strengthen Ties at AAML/BVR Divorce Confab

The Tax Cuts and Jobs Act, expert witnessing, rigged valuations, and other interesting topics were presented at the National Divorce Conference (in Las Vegas May 8-10) co-sponsored by the American Academy of Matrimonial Lawyers (AAML) and Business Valuation Resources (BVR). Here’s a recap of some important takeaways.

More than one valuation issue in Kress

Tax affecting is only one issue that makes the federal district court’s opinion in Kress a must-know for valuators, notwithstanding a recent reader comment that it’s doubtful the case would have received much attention had it not been for the tax-affecting angle.

Kvinta v. Kvinta

In divorce case, appellate court affirms use of coverture fraction method to determine marital value of husband’s firm on the valuation date (1995), where company operated abroad, “normal” financial documents were not available, and interest was sold a decade before the divorce trial.

Coverture Fraction Method Best BV Approach in Face of Lack of Financial Data

In divorce case, appellate court affirms use of coverture fraction method to determine marital value of husband’s firm on the valuation date (1995), where company operated abroad, “normal” financial documents were not available, and interest was sold a decade before the divorce trial.

Connecticut court’s impermissible double dipping triggers remand

In a noteworthy decision, a Connecticut appellate court recently found the trial court double dipped when it divided the marital assets and calculated spousal support.

Reader comment on Kress case coverage

Responding to the attention the Kress case has received (at BVR and elsewhere), Harry Fuhrman, financial analyst with the Internal Revenue Service, gave us the following comments.

D.C. Circuit Upholds Remainder-Interest Valuation in Weird Charitable Contribution Case

In charitable contribution case involving remainder interest, D.C. Circuit upholds Tax Court’s value-related findings, including that petitioner did not provide qualified appraisal and did not meet substantiation requirements; valuation here is to be based on FMV, not actuarial tables.

Kress appeal still a possibility

As the valuation community ponders the reach of the recent Kress decision, many eyes are trained on the government’s next move.

BVU News and Trends May 2019

A monthly roundup of key developments of interest to business valuation experts.

Blau v. Commissioner (RERI II)

In charitable contribution case involving remainder interest, D.C. Circuit upholds Tax Court’s value-related findings, including that petitioner did not provide qualified appraisal and did not meet substantiation requirements; valuation here is to be based on FMV, not actuarial tables.

Takeaways from the inaugural AAML/BVR divorce confab

Family law attorneys and financial experts converged last week in Las Vegas for the first event co-sponsored by the American Academy of Matrimonial Lawyers (AAML) and Business Valuation Resources (BVR).

Appreciation analysis reveals owner’s substantial contribution to company’s success

Appreciation of separate property is a knotty issue whose analysis can be challenging for attorneys and valuators, but a recent Tennessee appeals court decision helps practitioners understand the framework a court may use to decide whether the nonowner spouse has a claim to the increase in value.

Webcast this week of the National Divorce Conference

Couldn’t make it to Vegas for this week’s AAML/BVR National Divorce Conference May 8-10?

Beware of attack on your transactions method

An article in the Spring 2019 issue of Family Lawyer magazine shows how a lawyer can attack a valuation expert’s use of the guideline company transactions method for a small- to medium-size firm.

Conference season! BVWire hits the road

What blooms in spring? BV conferences, of course!

Updated goodwill chart and map for divorce cases posted

BVR recently updated its complimentary download “Charting Goodwill Jurisprudence” to give you an at-a-glance look at a state’s basic position toward enterprise and professional goodwill.

Kress v. United States signifies approval of S corp tax affecting

In a gift tax case teeming with valuation issues, one notable aspect was that, in valuing the minority shares of an S corporation, both parties’ experts applied a C corporation tax rate to the company’s earnings and the court, without ado, accepted the practice.

How to cultivate the biggest source of referrals

Attorneys account for the largest share of business for BV experts and valuation analysts.

Equal split of attorneys and financial experts at divorce confab May 8-10

So far, an almost equal split of attorneys and valuation/accounting experts will be attending the National Divorce Conference in Las Vegas May 8-10, presented by BVR and the American Academy of Matrimonial Lawyers (AAML).

Valuing luck in a business caught up in divorce

In most states, the active appreciation of a premarital asset is includible in the marital estate while passive appreciation is not.

Gift Tax Case Suggests Overall Acceptance of S Corp Tax Affecting

In gift tax case requiring valuation of minority shares in S corporation, district court accepts application, by all experts, of C corp-level tax rate to company’s earnings; court, with minor DLOM adjustment, credits valuations by taxpayers’ expert, noting his market approach is “the most sound.”

Kress v. United States

In gift tax case requiring valuation of minority shares in S corporation, district court accepts application, by all experts, of C corp-level tax rate to company’s earnings; court, with minor DLOM adjustment, credits valuations by taxpayers’ expert, noting his market approach is “the most sound.”

For a divorce, how many components are there in goodwill?

In divorce cases, it may be necessary to carve up goodwill because, in many jurisdictions, enterprise goodwill is marital property, but personal goodwill is not.

BV specialty available to ASA real property valuers

Real property appraisers designated by the American Society of Appraisers can add a specialty in going-concern valuation for valuing a real estate-centered enterprise, i.e., a firm that also owns its real estate, such as a restaurant, nursing home, hotel, convenience store, and the like.

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