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There’s something for nearly everyone in the U.S. Tax Court and the U.S. Court of Appeals for the Fifth Circuit opinions in Nelson v. Commissioner.1 Most notably, the cases highlight a dispute over the efficacy of defined value language in gift transfer documents. In this regard, Nelson joins a long list of such cases.2 From a valuation standpoint, the Tax Court dealt with a wide range of issues, including the valuation of holding companies, minority interest discounts and discounts for lack of marketability.
Nelson provides estate planners with further instruction as to how the courts construe the drafting of defined value clauses (DVCs) in gift transfer documents. The most important objective of the DVC is to fix the dollar amount of eq...
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