5th Circuit Upholds Tax Court’s Characterization of Interest and Discount Rulings
5th Circuit affirms Tax Court’s ruling that decedent’s transferred interest is limited partner, not an assignee, interest; appeals court says estate’s related challenge to Tax Court’s valuation reflects disagreement with characterization of interest, not value computation; valuation holds up.
Estate of Streightoff v. Commissioner (II)
5th Circuit affirms Tax Court’s ruling that decedent’s transferred interest is limited partner, not an assignee, interest; appeals court says estate’s related challenge to Tax Court’s valuation reflects disagreement with characterization of interest, not value computation; valuation holds up.
5th Circuit Upholds Tax Court’s Characterization of Interest and Discount Rulings
In estate tax dispute, Tax Court agrees with IRS that decedent transferred limited partner interest, not assignee interest, to revocable trust; under partnership agreement, limited partner had rights not available to assignee; court rejects discount for lack of control and adopts IRS’ DLOM rate.
Estate of Streightoff v. Commissioner (I)
In estate tax dispute, Tax Court agrees with IRS that decedent transferred limited partner interest, not assignee interest, to revocable trust; under partnership agreement, limited partner had rights not available to assignee; court rejects discount for lack of control and adopts IRS’ DLOM rate.
Expert’s Detailed Risk Analysis Bolsters Use of Deep Discount in Law Firm Valuation
In buyout dispute over law firm interest, court credits firm’s expert, noting his extensive relevant experience, his taking care to value interest under fair market value standard, as required by the partnership agreement, and his detailed risk analysis to support a deep discount.
Fredericks Peebles & Morgan LLP v. Assam
In buyout dispute over law firm interest, court credits firm’s expert, noting his extensive relevant experience, his taking care to value interest under fair market value standard, as required by the partnership agreement, and his detailed risk analysis to support a deep discount.
In Buyout, Income-Based Expert Appraisal Beats Other Value Indicators
In partnership dispute, appeals court affirms redemption award based on multiple-of-earnings valuation, finding valuation was reliable and admissible under state equivalent of Daubert and trial court had discretion to disregard other indicators of value.
Tenn. appeals court muddies the waters regarding use of DLOM in divorce valuation
So much for clarity. A recent Tennessee appeals court decision hinged on the issue of whether a marketability discount was appropriate in the valuation of the husband’s interests in three real estate development partnerships. In reviewing the trial court’s analysis, the appeals court suggested that the lower court misunderstood the principle behind DLOM but ultimately upheld the lower court’s findings. The resulting decision leaves valuators in a pickle as to when to apply the discount and at what rate.
Jafar v. Mohammed
In partnership dispute, appeals court affirms redemption award based on multiple-of-earnings valuation, finding valuation was reliable and admissible under state equivalent of Daubert and trial court had discretion to disregard other indicators of value.
Usurped Opportunity Case Justifies Use of Defendant’s Profits
Appeals court validates expert’s use of defendant’s net profits as measure of damages in usurped business opportunity case; hypothesizing a facility that the plaintiff could have had and the profits it might made in competition “would not make sense.”
St. Alphonsus Diversified Care, Inc. v. MRI Associates, LLP
Appeals court validates expert’s use of defendant’s net profits as measure of damages in usurped business opportunity case; hypothesizing a facility that the plaintiff could have had and the profits it might made in competition “would not make sense.”
Accounts receivable and work-in-progress included in law firm valuation
The issue in this case was whether the trial court correctly rejected the court appointed expert’s valuation of husband’s partnership interest in his law firm.
Rubino v. Rubino
Attorney husband argues that accounts receivable and work in progress should not be valued as per partnership agreement, but judgment is affirmed.
Buy/Sell valuation "models"
I am about to sign a partnership agreement, but we are struggling to identify a good valuation model for a consulting business for wastewater management in the food service industry. Where ...
Taxpayer Victory on FLP Recognition
On Jan. 18, 2000, Judge Orlando Garcia of the United States District Court ruled in favor of the taxpayer in the first family limited partnership case to be tried in a federal district court.
Church v. United States (I)
At issue is whether a partnership transaction was entered into for no purpose other than to reduce the taxation of Mrs. Church's estate.
Family Limited Partnership Formed Two Days Before Death Not Sham Transaction
The primary issue in this estate tax refund action was whether Stumberg Ranch Partners Ltd. was formed for a bona fide business purpose, or was a sham transaction designed to avoid estate and gift taxes.
No Gift Tax Due When Partnership Was Formed Two Days Before Death
The U.S. District Court for the Western District of Texas rejected the IRS' position that gift tax was due on the formation of a family limited partnership formed two days before the decedent's death.
IRS audits family limited partnerships
A client of mine received the attached questionnaire from the Internal Revenue Service concerning preparations for a possible audit of his FLP. I am told that a number of FLPs have received ...
Smith v. James, Hardy & Smith
At issue is the valuation of plaintiff's interest in accounting parternship after withdrawling from this partnership.
Withdrawing Partner Not Liable for Overhead Incurred or Loss of Client Base Subsequent to Withdrawal
Smith, the partner withdrawing from the accounting firm of James, Hardy & Smith, filed suit to determine the value of his interest and to obtain a judgment for the value.
In Re Estate of Bolinger
At issue is whether the decedent's estate was entitled to a share of the ranch partnership that they claim his father had formed with decendent.
Partnership Agreement Doesn't Control Value Where Agreed Method Abandoned by Parties
Generally, under Montana law, a partnership agreement controls the rights and duties of the partners.
Court Interprets Limited Partners' Rights to Be Very Restricted
In 1988, Host Marriott arranged to form a limited partnership to own three hotels and a 50% interest in a fourth.
In re Marriott Hotel Properties II
At issue is plaintiff's contention that the purchase price for any and all of the outstanding limited partnership units should have included a control premium and the defendants had a fiduciary duty.