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Haddonfield, NJ 08033
Phone: 856-795-6026
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Courts Allow Reallocation of Gifted Shares

January 2012 | Issue 56 Introduction The U.S. Court of Appeals for the Ninth Circuit, in Petter v. Commissioner, 653 F. 3d 1012, (8/4/11), found for the taxpayer in a case involving the use of a “formula clause” to reallocate gifts of property to heirs and charity. > The Plan Anne Petter lived in Washington [...] More...

Book Value was 2% of Fair Market Value in NJ Buyout Case

November 2011 | Issue 55 In Estate of Cohen v. Booth Computers (421 N.J. Super. 134, 22A. 3d 991, July 13, 2011), the question addressed was whether a family partnership agreement that provides for a buyout based on net book value may be enforced when the disparity between book value and fair market value is [...] More...

Estate Tax Underpayment Penalty Waived in Giustina Case

September 2011 | Issue 54 Introduction Estate of Giustina v. Commissioner, T. C. Memo. 2011-141 (June 22, 2011), is a US Tax Court case involving the value, for estate tax purposes, of a 41.128 % limited partner interest in Giustina Land & Timber Co. LP (“GLT”) owned by Natale Guistina at his death on August [...] More...

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Estates Valuations

A major activity of Hempstead & Co. is preparing valuations for estate and gift tax and estate planning purposes.  The estate tax system of the US levies estate, gift and generation-skipping taxes on the basis of the fair market value of the assets in the estate.  When these assets include an interest in a closely-held business, it is necessary to prepare a valuation of the business interest in order to determine the tax due.

The business interest being valued can be a controlling interest in a corporation or partnership, or a minority interest. A properly-prepared appraisal report comprehensively addresses all of the relevant factors that go into determining value, including assets, liabilities, income and cash flow.  Hempstead & Co. carefully considers all elements relevant to the value, including the selection of the most appropriate valuation approach.  We also give careful consideration to the application of various valuation discounts for elements such as lack of marketability and lack of control.

We have extensive experience in providing valuation advice in the formation of family limited partnerships and similar vehicles, and have dealt widely with the special discount issues these valuations entail.