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Closely Held Business Buy-out Arrangements Should be Reviewed Immediately in Light of the Recent Connelly Case

June 29, 2023 @ 4:00 pm 5:00 pm EDT

Mary E. Vandenack Esq., Jonathan G. Blattmachr Esq. and Martin M. Shenkman Esq.
Closely Held Business

Webinar Description

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.

  • What can and should be done to set a valuation that the IRS may respect?
  • How should certificates or agreements of stated value be structured to be respected by the IRS?

This webinar will discuss the Connelly case, valuation approaches, and how to structure buy-outs. Practical guidance will be provided on reviewing existing arrangements and informing clients of changes to be made.


Continuing Education Credits

InterActive Legal is not an approved Continuing Education (CE) Sponsor. However, several states and regulatory agencies for a variety of professionals that participate on our teleconferences may still receive continuing education credit for their participation. If a participant wishes to receive CE credit for their participation in these teleconferences, they must apply to receive credit on their own and through their individual states and regulatory authorities. It is the responsibility of the participant to file for CE credit and is not guaranteed by the webinar sponsors.


Webinar Sponsors


Mary Vandenack brings extraordinary energy and focus to her work for clients. A founding member and the firm’s managing partner, Mary 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. Acting as outside legal counsel for closely held businesses in conjunction with the ability to proactively address the legal issues of business owners is an area of special expertise. Mary is an innovator in the integration of technology into the practice of law. Under Vandenack’s guidance, the firm has been on the leading edge of client service and technology. Mary won the American Bar Association James I. Keane Award, presented at Techshow 2015, in recognition of her efforts in the area of e-lawyering.

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.

Mr. Blattmachr graduated from Columbia University School of Law cum laude, where he was recognized as a Harlan Fiske Stone Scholar, and received his A.B. degree from Bucknell University, majoring in mathematics. He has served as a lecturer-in-law of the Columbia University School of Law and is an Adjunct Professor of Law at New York University Law School in its Masters in Tax Program (LLM). He is a former chairperson of the Trusts & Estates Law Section of the New York State Bar Association and of several committees of the American Bar Association. Mr. Blattmachr is a Fellow and a former Regent of the American College of Trust and Estate Counsel and past chair of its Estate and Gift Tax Committee. He is author or co-author of eight books and more than 500 articles on estate planning and tax topics.

Among professional activities, which are too numerous to list, Mr. Blattmachr has served as an Advisor on The American Law Institute, Restatement of the Law, Trusts 3rd; and as a Fellow of The New York Bar Foundation and a member of the American Bar Foundation.

Martin Shenkman

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.”

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