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Archive for the ‘Valuation’ Category

IRS Attack on Valuation Discounts Creates Urgency for Transfer Tax Planning Prior to Year-End

Trust and Estate Attorney Orlando
Published: August 23rd, 2016

By: Matthew J. Ahearn Brian M. Malec

On August 2, 2016, the IRS issued proposed regulations under Code section 2704 that, if finalized in their current form, will effectively eliminate any meaningful valuation discounts for transfers of interests in family-controlled entities between family members. The issuance of these proposed regulations is one of the most important developments for high net worth families […]

Long-Awaited Proposed Regulations for Section 2704 Issued!

Published: August 2nd, 2016

By: Dana M. Apfelbaum

Section 2704 of the Internal Revenue Code provides for special rules relating to the valuation of transfers of business interests to certain family members for estate, gift, and generation-skipping transfer tax purposes (collectively the “transfer taxes”).  Practically, § 2704 limits the ability to lower the value of a business interest as determined for transfer tax […]

Analysis of the Obama Administration’s Fiscal Year 2015 Revenue Proposals of Importance to Estate Planners: Part I – Transfer Tax Proposals

Published: April 1st, 2014

By: David J. Akins

The General Explanations of the Administration’s Fiscal Year 2015 Revenue Proposals released last month (the “Proposals”) contains several provisions that would affect estate planning clients.  Most of the provisions have been included in the Administration’s prior Proposals, but a couple of new provisions have been added. Part I of this post deals with transfer tax changes […]

15 Tips for a Successful Mediation (Part II) by David Hathaway

Published: October 11th, 2013

By: David P. Hathaway

Civil lawsuits are most often resolved by a mediated settlement agreement, which could have an infinite variety of settlement numbers and terms.  What result a party achieves, after months or even years of litigation, is in large part a function of what happens on the day of mediation.  Mediation is therefore the most important day […]

“15 Tips for a Successful Mediation” – Part I of a three-part series

Published: July 28th, 2013

By: David P. Hathaway

Author’s Note:  We have divided the full article into a three-part series to cover five tips in each section.  From what to expect in a competitive negotiation and drafting a mediation summary, to setting bargaining points and techniques for preparing strong opening statements, this article covers practical tips that lawyers can apply immediately in their practices. I […]

Linton v. U.S.: Indirect Gift of Property Owned by LLC

Published: March 8th, 2011

In a victory for the taxpayer, the Ninth Circuit Court of Appeals reversed the lower court’s grant of summary judgment in favor of the IRS. The Lintons met with their attorney on January 22, 2003 to form, and transfer property to, a limited liability company (LLC). The Lintons also executed trust agreements for their children […]