Determining the value of a business in the course of a divorce can be a complex and contentious issue standing between you and an equitable settlement that is fair to both parties. In many cases, a large corporation with extensive and varied holdings is the target of the valuation and its complexity often prevents a swift and simple valuation. In order to guide the process of business valuation in future cases, the Internal Revenue Service established Revenue Rule 59-60 as a guideline for the definition of “fair market value.”
At Holmes, Diggs & Sadler, our dedicated attorneys are sensitive to the unique challenges that divorce cases can present and have the extensive experience necessary to effectively apply past IRS rulings in a manner that better allows you reach a fair settlement in your divorce. To learn more about your rights and options in court for establishing the value of a business, call a Houston divorce attorney today at (713) 802-1777.
Relevant Factors in Business Valuations
The primary purpose of Revenue Rule 59-60 is to provide a basis for the effective valuation of a business by listing the eight relevant factors that should be considered:
- The full history of the business and its nature from inception to present.
- The condition of the general economy as well as the outlook specific to the industry within which the company operates.
- The precise current value of the company’s stock, and the current financial condition of the business.
- The potential capacity for earnings possessed by the business.
- The capacity of the business to pay dividends.
- The presence of intangible values like goodwill.
- Any sales of company stock and the size of the block which is being valued.
- The comparative value of stocks in other companies sharing a line of business or market with the company to be valued.
These guidelines allow the appraiser to evaluate the fair market value of the company, which Rule 59-60 defines as “the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having knowledge of relevant facts.”
If you are considering divorce and holdings in a large company are a part of your marital estate, it is essential that you have a skilled legal representation that understands the intricacies of business valuation in divorce. At Holmes, Diggs & Sadler, our dedicated attorneys have decades of experience in family law and will work diligently to ensure that you receive fair consideration in the division of assets. To schedule a consultation to discuss the details of your case with a Houston asset division lawyer, call us today at 713-766-5355.