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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, 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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