Bettinger v. Bettinger
Buy-sell agreement for medical corporation did not control the value placed by the divorce court. The agreement set artificially low values, not necessarily what would be received in a free market.
Ehlinger v. Hauser
Partnership buyout agreement setting “book value” as sales price was unenforceable when special magistrate was unable to calculate book value based on the records provided.
In Re Marriage of Siker v. Siker
Trial court did not err in finding that the prior stock sale between brothers, governed by the shareholder’s agreement, was not indicative of the value of the stock. The buy-out agreement did not replicate an arm’s length transaction.
In Re Marriage of Sharon v. Sharon
Court did not abuse its discretion by accepting excess earnings method of valuation despite buy/sell agreement.
Marriage of Arneson v. Arneson
(1) 25% discount for minority interest and lack of marketability affirmed and (2) Presumption that buy-sell controls does not apply where it does not fix a specified price, but only an ongoing process for determining price.
In Re Marriage of Lewis v. Lewis
(1) Valuation of professional partnership: focus is on monetary consequence if a partner withdraws; (2) Cross-purchase agreements can be considered in determining a partnerships worth and (3) A pet boarding business is a commercial business, not a professional partnership.
Harmon v. Harmon
Buy-sell agreement not controlling in determining physician’s interest in professional association. Buy-sell value can be considered along with other evidence of value.
McCabe v. McCabe
Agreement controls husband’s interest in law firm – law practice distinguished from other businesses since husband could not sell, liquidate or otherwise realize the value assigned by the trial court to his interest.
Drake v. Drake
Buy-sell agreement for medical corporation did not control the value placed by the divorce court. The agreement set artificially low values, not necessarily what would be received in a free market.
In Re Marriage of Gunn
Trial court properly rejected valuation by buy\sell agreement and accepted valuation of wife’s expert who averaged net-asset-value and excess-earnings methods.
Barton v. Barton
Value established in the buy-sell agreement of a closely-held corporation, not signed by the non-shareholder spouse, is not binding on the non-shareholder spouse, but is considered, along with other factors, in valuing the interest of the shareholder spouse.
In re Keyser
Buy-sell agreement for medical corporation did not control the value placed by the divorce court. The agreement set artificially low values, not necessarily what would be received in a free market.
In Re Marriage of Nichols
Trial court correctly valued divorcing lawyer’s interest in law firm using formula set out in shareholder’s agreement.
In Re Marriage of Kells
Error to adopt value in buy sell agreement for medical practice were value was completely arbitrary.