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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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Shareholder Transactions Valuations

Shareholder transaction valuations arise from a number of situations.  A common one is when a company undertakes a buyout of minority shareholders through a squeeze out merger or a reverse stock split.  In most states, if the minority shareholder believes the transaction price to be unfair, he can initiate a court procedure known as an appraisal action.  We have considerable experience in this area, including expert testimony on valuation.

Shareholders also come to us for valuation advice when they are trying to negotiate a consensual buyout of a shareholder, such as a retiring family member.  In such situations, we can act as valuation advisor to one party, or serve as a jointly-retained appraiser.