CHAPTER 10 The Closely Held Business

JurisdictionUnited States
Publication year2021
CHAPTER 10 The Closely Held Business


Chapter Contents

§ 10.01 The Business Started During Marriage

[1] The Business as Marital Property
[2] Rents and Profits
[3] Increases in Value During Marriage
[4] Valuing the Marital Property Business
[a] In General
[b] Valuation Techniques
[c] Various Possible Discounts
[i] Discount for Taxes
[ii] Discount of Lack of Marketability and Lack of Control
[d] Time of Valuation
[5] Dividing the Business at Divorce
[6] Valuing the Business and Assuming the Owner Will Not Operate a Competing Business
[7] Non-Profit Corporations
[8] Issues Arising When the Business Is Sold Before Divorce

§ 10.02 The Separate Property Business

[1] The Business as Separate Property
[2] The Distinction Between Retained Earnings and Dividends
[a] The Redemption of the Stock of Other Shareholders During Marriage
[b] The Potential Marital Claim for Unpaid Dividends
[c] The Liquidating Distribution
[3] Whether Increases in Value During Marriage Are Separate or Marital Property
[4] Allocating the Increase in Value of Separate Property During Marriage
[a] The All or Nothing Approach
[b] The Pereira Approach
[c] The Van Camp Approach
[d] Choosing the Appropriate Method
[e] A Compromise Approach
[f] Estimating the Percentage of the Appreciation That Resulted from the Spouse's Efforts
[5] Increases in Value Stemming from Credit
[6] Increases in Value of Other Separate Property Due to the Efforts of a Spouse
[7] The Concept of Alter Ego
[8] The Proprietorship Begun Before Marriage That Is Incorporated During Marriage
[9] Transmuting a Separate Property Business into a Marital One [10] Sale of a Separate Property Business Shortly Before
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