From 2010 to 2013, the Treasury attempted to convince Congress to amend Internal Revenue Code Section 2704 to restrict the use of partnerships and other entities to generate valuation discounts.1 Neither house of Congress showed the slightest interest in making these changes.
In 2013, the Treasury quit requesting these statutory changes, but it never gave up on its desire to tighten IRC Section 2704 to restrict valuation discount planning. On Aug. 4, 2016, the Treasury proposed regulations that, when finalized, may dramatically expand the scope of Section 2704 and restrict the availability of valuation discounts for many entities.2 If adopted as final, the proposed regs will curtail what’s become a very common means of reducing a client’...
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