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Valuation Assurance ClausesValuation Assurance Clauses

Estate planners often find themselves in a quandary: They follow all known rules and guidelines in devising a family limited partnership (FLP) plan for their client, but still have to cross their fingers that the Internal Revenue Service will accept the plan. The valuation of FLP interests is a particularly tricky area. What's the IRS thinking when it rejects the valuation attached to your client's

William H. Frazier, Managing Director, Valuation Services

December 1, 2007

15 Min Read
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William H. Frazier, senior managing director, Howard Frazier Barker Elliott, Inc., Dallas

Estate planners often find themselves in a quandary: They follow all known rules and guidelines in devising a family limited partnership (FLP) plan for their client, but still have to cross their fingers that the Internal Revenue Service will accept the plan. The valuation of FLP interests is a particularly tricky area. What's the IRS thinking when it rejects the valuation attached to your client's FLP? Such rejections are a recurring problem. But I have a solution that, hopefully, will satisfy all parties: valuation assurance clauses.

There's no dispute that the IRS fervently believes that taxpayers routinely undervalue their FLP interests. A host of...

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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.