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The Pomeroy Bill SledgehammerThe Pomeroy Bill Sledgehammer

Congress is considering a law that would kill the family limited partnership as an estate-planning strategy. But there are less draconian ways to eliminate perceived abuses

William H. Frazier, Managing Director, Valuation Services

May 1, 2009

11 Min Read
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William H. Frazier

The valuation of fractional interests in family-owned businesses and investment entities faces possible extinction.

There are two possible executioners: Congress and the Treasury Department.

In the House of Representatives, the threat comes in the form of the Pomeroy bill. Introduced by Democratic Congressman Earl Pomeroy of North Dakota on Jan. 14, 2009, H.R. 111-436 seeks to eliminate the use of valuation discounts in valuing family limited partnerships (FLPs). The bill, formally known as “Certain Estate Tax Relief Act of 2009” also seeks to eliminate the use of minority interest discounts for family businesses.

The effect would be to end the use of the FLP as an estate-planning vehicle.

The Treasury is considering making...

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About the Author

William H. Frazier

Managing Director, Valuation Services, Weaver

William H. Frazier, ASA, has over 40 years of experience in valuation, investment banking, mergers and acquisitions, and litigation advisory services. For the last 15 years, Will's career focus has included valuing family-owned businesses and holding entities, such as family limited partnerships. He has performed valuations for estate and gift taxation, fairness/solvency opinions, bankruptcy and reorganization, disputes related to business transactions and shareholder disputes, family law matters, purchase and sale advisement, employee stock ownership plans, equity compensation, financial reporting, and other litigation, tax and corporate matters. Additionally, Will has served as an expert witness and appraiser in several U.S. Tax Court cases.

Will is a senior member of the American Society of Appraisers (ASA) and former chair of the Government Relations Committee, former treasurer and secretary of the Business Valuations Committee (BVC) and head of ASA’s Task Reform Task Force. From 2008-2011, Will served on the Internal Revenue Service Advisory Council (IRSAC) where he was assigned to the Office of Professional Responsibility. He is currently a member of the Standards Sub-committee of the BVC and is the BVC’s liaison to the Government Relations Committee. He has authored numerous articles on the subject of business valuation for professional and business publications. Will is a frequent speaker and program presenter on the subject of estate and gift tax valuation.