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Valuation and C Corp. Taxes on Embedded Gains

By Thomas A. Hutson
July 29, 2009

In the first part of this article, we noted that the problem of how to value a holding company structured as a subchapter C corporation was recently tackled by the Appellate Division, First Department, in the context of a dissolution of marriage. But the question of whether and how such value should be reduced to reflect the federal and state corporate-level income taxes associated with the unrealized appreciation of marketable securities owned by a corporation is controversial. Before taking an in-depth look, in next month's issue, at the First Department's reasoning in the appeal of Wechsler v. Wechsler, 866 NYS2d 120 (1st Dept. 2008), we need to understand the Wechsler trial court's decision and discuss how other courts have handled the issue.

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