Acknowledgments.
SECTION I: FINANCIAL ASPECTS OF DIVORCE.
Chapter 1: Introduction.
Knowledge Is Power.
Finding and Selecting the Right Divorce Attorney.
Gathering of the Assets.
Discovery.
The Concept of Marital versus Nonmarital(Separate) Property.
Understanding Your Spouse s True Economic Income.
Net Worth Analysis.
Developing Your Lifestyle Analysis.
What Is This Thing Called Dissipation?
Chapter 2: Mediation in Settling Cases and Collaborative Divorce.
Mediation.
Collaborative Divorce.
Chapter 3: Glossary of Common Legal/Divorce Terminology.
SECTION II: THE TAX SIDE OF DIVORCE.
Chapter 4: Taxation of Financial Support.
Introduction.
Alimony and Child Support.
Chapter 5: Transfers of Property in Connection with a Divorce IRC Section 1041.
General Rules.
Basis in the Property Received.
Recapture.
Transfers to Third Parties.
Chapter 6: Special Issues in Property Transfers.
Transferees of Closely Held Businesses and theIssue of Stock Redemptions.
Overview of Retirement Plans and the Tax Impact onTransfers During Divorce.
The Sale of the Personal Residence When, How, orDoes One of the Spouses Get It?
Chapter 7: Filing Status.
Head of Household.
Allocation of Income.
Assignment of Income Doctrine.
Deduction for IRA Contribution.
Dependency Exemptions.
Chapter 8: Allocation of Itemized Deductions.
Medical Expenses.
Qualified Mortgage Interest.
Deductibility of Divorce-Related Attorney andAccounting Fees.
Chapter 9: Allocation of Tax-Related Carryovers.
Charitable Contribution Carryovers.
Net Operating Losses.
Capital Loss Carryforwards.
Investment Interest Expense.
Passive Loss Carryforwards.
Other Credit Carryforwards.
Chapter 10: Allocation of Estimated Tax Payments and Tax Refunds.
Estimated Tax Payments.
Federal Income Tax Refunds.
Chapter 11: Innocent Spouse Rules, Child Care Credits, and Adoption Credits.
Innocent Spouse Rule.
Child Care Credits.
Adoption Credits.
SECTION III: THE VALUATION PROCESS.
Chapter 12: The Basics in Understanding the Valuation of theClosely-Held Business.
Hiring an Expert Types of Business Appraisers,Professional Accreditation Criteria, and Standardsof Business Valuation.
Important Internal Revenue Service Revenue Rulings.
Use of Financial Experts Generally.
Protective Orders.
The Valuation Process.
Chapter 13: Business Valuation Approaches.
General Introduction to Business Valuation Approaches.
Income Approach.
Summary of Major Steps Using the Capitalizationof Earnings Method or Discounted FutureEarnings Method.
Summary of Major Steps Using the Discount ofFuture Earnings Method.
Determination of Capitalization/Discount Rate.
Chapter 14: Market Approach.
Introduction.
Guideline Publicly Traded Company Method.
Private Transactions The Comparative TransactionMethod.
Rules of Thumb/Industry Method.
Chapter 15: The Cost Approach.
Net Asset Value Method.
Excess Earnings Method.
Chapter 16: Discounts and Premiums.
Control Premiums and Minority Discounts.
Lack of Marketability Discounts.
Discount for Lack of Voting Rights.
Key-Person Discounts.
Blockage Discount.
Personal Goodwill Discounts.
Chapter 17: Effect of Purchase Price, Buy-Sell Agreements, andKey-Person Insurance upon Valuation.
Common Business Valuation Mistakes in Divorce Cases.
Chapter 18: Revenue Rulings.
Rev. Rul. 59-60, 1959-1 C.B. 237.
Rev. Rul. 68-609, 1968-2 C.B. 327.
Rev. Rul. 93-12, 1993-1.
Appendix A: Stock Options.
Stock Options Defined.
Qualified Stock Options.
Nonqualified Stock Options.
Vested and Unvested.
Tax Treatment of Stock Options.
IRS Ruling.
Valuation Issues.
Valuation Approaches.
How to Handle Option Issues in Dissolution ofMarriage Cases.
Sample Language for Marital Settlement Agreementsfor the Allocation of Stock Options.
Appendix B: Uniform Standards of Professional Appraisal Practice andBusiness Valuation Standards Of ASA.
Importance of USPAP Generally.
Business Valuation Standards Promulgated by theASA Business Valuation Committee.
Reading Material on Business Valuation.
Business Valuation Standards of USPAP 2000.
Appendix C: Information and Documents Requested for Sample Company.
Appendix D: Summary of Common Ratios Used by Business Appraisers.
Liquidity Ratios.
Activity Ratios.
Leverage Ratios.
Profitability Ratios.
Appendix E: Comprehensive List of Common Terms and Definitions Used byBusiness Appraisers.
Index.
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