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Deep Discount From Asset Values In Family Limited Partnership Valuation

Deep Discount From Asset Values In Family Limited Partnership Valuation

The Ninth Circuit has directed us to revise our valuation of the 41% limited-partner interest. The first revision we make is to change the weight we accorded the value of the partnership’s assets. In our first opinion, we assigned a 25% weight to this value and a 75% weight to the present value of the cashflows from the continued operation of the partnership. The Ninth Circuit has instructed us to “recalculate the value of the Estate based on the partnership’s value as a going concern.” In our view, the going-concern value is the present value of the cashflows the partnership would receive if it were to continue its operations. Therefore, we implement the Ninth Circuit’s instruction by changing the weight we accord the present value of cashflows from 75% to 100%. This causes our adjusted valuation of the 41% limited-partner interest to be entirely based on the partnership’s value as a “going concern”.

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Form 1099-R From Insurance Company Can Be Bad Tax News

Form 1099-R From Insurance Company Can Be Bad Tax News

For the next decade, everything seemed fine, but a grim mathematical truth was grinding away.  Both the cash surrender value of the policy and the loan balance were increasing.  And, since Monarch is presumably in business to make money, the rate on that the loan balance was higher than the rate by which the cash value was going up.  Eventually the loan balance is bound to catch up.  So in 2011, Mr. Mallory needed to make a payment of $26,061.67 in order to keep the policy in force.  He didn’t make the payment. So that was the end of the of policy which was eaten by the loan.

Now if all that meant was that Mr. Mallory finally paid tax on the $46,300 that he had drawn out over and above his premium, that would have been painful, but really not so bad.   That is not the way it works though.  The policy loan which liquidated the policy includes all the accumulated interest giving Mr. Mallory  proceeds of $237,897.25 which works out to a taxable amount of $150,397.25 yielding a tax of $40,846.  That would be 88% of the the $46,300.  Even Bernie Sanders doesn’t want people to be paying that much.

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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.