News & Analysis as of

Small Business Business Succession

Allen Barron, Inc.

Tax and Estate Planning for Small Business Owners and S Corporations with No Employees

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Many small business owners mistakenly believe business succession planning and estate planning is for those with substantial wealth. This is simply a myth which does not reflect the nature of business or home ownership....more

Husch Blackwell LLP

Unanimous Supreme Court Determines Company-Owned Life Insurance Increases Fair Market Value

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On June 6, 2024, the Supreme Court held 9-to-0 in Connelly v. United States that company-owned life insurance increases the company’s fair market value for estate tax purposes, and the company’s obligation to redeem a...more

Rivkin Radler LLP

BEWARE: Redemption Agreement Funded with Corporate-Owned Life Insurance

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On June 6, 2024, in the case of Connelly v. United States, the United States Supreme Court determined that corporate-owned life insurance proceeds used to redeem a decedent’s shares in the corporation must be included when...more

Warner Norcross + Judd

Connelly v. United States Decision Affects Life Insurance for Closely Held Business Owners

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On June 6, 2024, the United States Supreme Court issued its opinion regarding Connelly, as Executor of the Estate of Connelly v. United States. This final decision will directly impact all closely held business owners that...more

Perkins Coie

Supreme Court Clarifies Estate Tax Consequences for Closely Held Company

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The Supreme Court of the United States issued an important ruling on June 6, 2024, clarifying the federal tax consequences of certain succession plans for closely held businesses. The Court held in Connelly v. United States,...more

Burns & Levinson LLP

Client Advisory: Valuing Closely-Held Stock for Estate Tax Purposes | Connelly v. U.S.

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Connelly v. United States involved determining the fair market value of a closely-held corporation for purposes of estate taxation. A corporation, owned by two brothers, was obligated to buy back the shares of the first to...more

ArentFox Schiff

US Supreme Court Affirms the Eighth Circuit’s Decision in Favor of the Government Concerning the Estate Tax Treatment of Life...

ArentFox Schiff on

In Connelly v. US, 602 US ___ (6/6/2024), the US Supreme Court affirmed a decision of the US Court of Appeals for the Eighth Circuit in favor of the government concerning the estate tax treatment of life insurance proceeds...more

DarrowEverett LLP

Buy, Sell, Pay Taxes: SCOTUS Decision Places Its Own Premium on Buy-Sell Insurance

DarrowEverett LLP on

All U.S. closely held businesses just received a warning from the highest court in the land that they should review their succession plans (or else risk a higher tax bill for the estates of their owners). On June 6, 2024, the...more

Dunlap Bennett & Ludwig PLLC

Why Digital Estate Planning Matters For Small Businesses

Many small businesses think about what’s on their radar today, not what’s on the horizon tomorrow. But what happens if your business leaders become incapacitated and cannot lead the company? Do you have a plan in place? And...more

Schwabe, Williamson & Wyatt PC

Preparing a Small Business for the Unexpected: Owner’s Illness and Incapacity

To run a successful business, an owner must plan meticulously. In 2021, there were an estimated 32 million closely held businesses in the US. However, 61% of ‎them lacked a written succession plan. A company’s beating heart...more

Saiber LLC

Revisions to SBA Loan Rules Will Permit 7(a) SBA Loan Proceeds to be Used to Purchase Partial Changes in Business Ownership

Saiber LLC on

The Small Business Administration (SBA) is proposing revisions to its current lending rules with the potential to both expand access to business ownership for individuals and provide more flexible succession planning options...more

Schwabe, Williamson & Wyatt PC

Using a Defined-Benefit Plan for Business Succession Planning Purposes

Despite their reputation, traditional defined-benefit (pension) plans can be a valuable tool for small-business succession planning. Defined-benefit pension plans are often associated with unions and financial mismanagement...more

Verrill

Lawyers on Tap: Tap Tips for Entity Formation and Taxation

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In this episode of Verrill Voices: Lawyers on Tap, Verrill Dana attorneys Jennifer Green and Jonathan Dunitz discuss the importance of entity formation to the overall success of a brewery business, and the differences between...more

McNees Wallace & Nurick LLC

Estate Planning for Millennials and the “Middle Class”

With all the changes in the new tax laws, some people may be hesitant to move forward with an estate plan. It is important, however, to keep in mind that most clients will not be subject to the federal estate tax and...more

Adler Pollock & Sheehan P.C.

Stretch out estate tax on business interests

Frequently, heirs of successful entrepreneurs are forced to sell off business interests at “fire sale” prices to help pay federal estate taxes. To alleviate the tax strain, Internal Revenue Code Section 6166 allows heirs to...more

Porter Hedges LLP

Bussiness Litigation Alert: "When It's Time for the Next Generation to Take Over - Lessons from Viacom, Inc."

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What happens when a company's strong, charismatic leader can no longer run the day-to-day operations due to failing health, personal issues, or the like? If the business has a transition plan in place, the company has been...more

Davis Wright Tremaine LLP

Recap: Powell’s Book’s | The Rise of an Empire

“If you give the business to my brother, you will never see your grandchildren again.” When Michael Powell heard that description of a family business succession plan gone wrong from another family in the area, he...more

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