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 2009: March / April Minimize

Successful succession planning starts today
U.S. companies currently face an economic crisis unparalleled since the Great Depression: rising energy and commodity prices, increasingly stringent lending requirements, volatile stock market values and a general sense of uncertainty. This article points out that, while many businesses are worth less today than under more favorable market conditions, private business owners now can gift a higher percentage of the business to heirs without incurring federal gift taxes or, possibly, estate taxes. The article notes that this is a good time to start, or revisit, succession plans and lists several ways valuators can help.

Make no mistakes — the IRS means business
As part of the Pension Protection Act of 2006 (PPA), stiffer penalties await preparers, appraisers and taxpayers who misstate value or sidestep the appraisal process for tax purposes. This article discusses a recent court case that illustrates how overvaluation can prove costly in charitable contribution cases. The article also explains several new rules PPA introduced that revised the thresholds for substantial and gross valuation misstatements, discussing the potential implications for taxpayers. Case Citation: Bergquist et al v. Commissioner, 131 T.C. No. 2, July 22, 2008.

Valuing options: Are you up for the challenge?
Employee stock options (ESOs) can be an effective way for companies to attract and retain key employees and are popular among startups and technology firms, which tend to be cash-poor but offer significant growth potential. But accounting for ESOs became more complicated when the Financial Accounting Standards Board (FASB) issued Statement of Financial Accounting Standards No. 123(R), which eliminated the intrinsic method of reporting ESOs. This article explains that now companies must use the fair value method, requiring ESO issuers to enlist valuation expertise.

How to evaluate a distressed business
The tumultuous economy has taken its toll on many private businesses. Weaker companies may be liquidating assets to generate cash flow or even filing for bankruptcy, offering opportunities to stronger players. This brief article notes that even in these cases acquisition due diligence is extremely important to help potential buyers realistically assess the distressed business’s value.

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