Closely Held Business Buy-out Arrangements Should be Reviewed Immediately in Light of the Recent Connelly Case
Practitioners should inform clients with buy sell redemption agreements about the recent Connelly v. IRS, No. 21-3683 (8th Cir. 2023) that held that corporate owned life insurance had to be included in the value of the company. This recent case requires that buy-sale agreements, buy-out agreements, ownership of life insurance to be used in buyouts must all be reviewed. The shareholders never had an appraisal done, they merely agreed on a value to use for the buyout. Connelly made clear that that approach won’t work.
Mr. Blattmachr is a Principal in ILS Management, LLC and a retired member of Milbank Tweed Hadley & McCloy LLP in New York, NY and of the Alaska, California and New York Bars. He is recognized as one of the most creative trusts and estates lawyers in the country and is listed in The Best Lawyers in America. He has written and lectured extensively on estate and trust taxation and charitable giving.
Martin M. Shenkman is an attorney in private practice in Fort Lee, NJ, and New York City. His practice concentrates on estate and tax planning, planning for closely held business, and estate administration. Mr. Shenkman is an author of over 42 books and more than 1,000 articles. He is an editorial board member of Trusts & Estates Magazine and the Matrimonial Strategist, and an advisor for InterActive Legal. He is the recipient of many awards including being a 2013 recipient of the prestigious Accredited Estate Planners (Distinguished) award from the National Association of Estate Planning Counsels. Mr. Shenkman was named Financial Planning Magazine 2012 Pro-Bono Financial Planner of the Year for his efforts on behalf of those living with chronic illness and disability. Investment Adviser Magazine featured him on the cover of its April 2013 issue naming as the lead of their “all-star lineup of tax experts.”
Mary Vandenack, a founding member and the firm’s managing partner, is an expert in the interrelated areas of tax, business, real estate, health care, private wealth, estate planning, business succession planning and asset protection planning.