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Matrimonial Actions and the Valuation of C Corp. Taxes on Embedded Gains

By Thomas A. Hutson

The first part of this article 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. Last month's continuation discussed the First Department's reasoning in the appeal of Wechsler v. Wechsler, 866 NYS2d 120 (1st Dept. 2008). Herein, we take an in-depth look at the decision itself.

First Department Appellate Decision

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