In RE MARRIAGE OF LIDDLE v. Liddle

410 N.W.2d 196, 140 Wis. 2d 132, 1987 Wisc. App. LEXIS 3692
CourtCourt of Appeals of Wisconsin
DecidedMay 14, 1987
Docket86-0299
StatusPublished
Cited by37 cases

This text of 410 N.W.2d 196 (In RE MARRIAGE OF LIDDLE v. Liddle) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In RE MARRIAGE OF LIDDLE v. Liddle, 410 N.W.2d 196, 140 Wis. 2d 132, 1987 Wisc. App. LEXIS 3692 (Wis. Ct. App. 1987).

Opinion

DYKMAN, J.

Cynthia Liddle appeals from a judgment of divorce. The issues are whether the trial court erred in valuing assets by a method which considered future income taxes and minority ownership as factors affecting the fair market value of the assets, and whether the trial court abused its discretion by failing to award maintenance. Because the values found by the trial court were not clearly erroneous, we affirm its asset valuation. Because we find no abuse of discretion, we affirm the denial of maintenance.

Cynthia and Bradway Liddle were married in 1963 and have two children, one of whom is a minor. At the time of trial, Cynthia was forty-three years old, in good health, held a master’s degree in education, and taught high school, earning $23,760 gross annually. Bradway was forty-six years old, in good health, had a law degree, was a partner in a law firm, and earned $86,000 gross annually. Though the parties stipulated to an equal property settlement, they disagreed as to the value of their assets. They also disagreed as to whether Cynthia should receive maintenance.

ASSET VALUATION

The assets in controversy are Bradway’s interest in general partnerships and limited partnerships, both of which own real estate, and stock in publicly-held corporations.

*136 The division of the marital estate is discretionary, and we will sustain it if the trial court examined the relevant facts, applied a proper standard of law, and, using a demonstrated rational process, reached a conclusion that a reasonable judge could reach. Schumacher v. Schumacher, 131 Wis. 2d 332, 337, 388 N.W.2d 912, 914 (1986). However, the valuation of marital assets is a finding of fact which we will not upset unless clearly erroneous. Sec. 805.17(2), Stats.; 1 In re Marriage of Weiss v. Weiss, 122 Wis. 2d 688, 698, 365 N.W.2d 608, 613 (Ct. App. 1985); Peterson v. Peterson, 126 Wis. 2d 264, 265-66, 376 N.W.2d 88, 89 (Ct. App. 1985).

The only testimony as to the fair market value of the partnerships and stock came from Theodore Gunkel, a certified public accountant who owned a financial advisory consulting firm. 2 The firm worked on closely-held business valuations and valuations of financial interests in businesslike assets and untraded securities.

The parties agreed upon the appraised value of the real estate owned by the partnerships and the amount of mortgages or land contract balances appli *137 cable to each. Using these values, Gunkel arrived at the following fair market values for each asset:

Asset Fair Market
Value
Homestead limited partnership $21,000
Twin Lakes limited partnership 21,000
Aardvark general partnership 37,515
Bra-Doc general partnership (321)
Smedly Lot and Low-Cal general partnership 1,599
Salty Land & Storm Door general partnership 3 (1,581)

Limited Partnerships Reduction For Taxes

Cynthia specifically attacks Gunkel’s method of valuing Bradway’s Homestead limited partnership interest. Gunkel defined Homestead as "A real estate tax shelter interest registered in Wisconsin. The partnership owns a Section 8 Low/Moderate income housing project in McFarland, Wisconsin — 56 units.” Gunkel projected a probable continuation of partnership investment in the project of five to seven years from July 1985. Bradway owns an 11.875% interest in the capital and income, for which he paid $49,625 in four installments from 1981 to 1984.

Gunkel testified that he considered it mandatory to take into account the tax impact of Bradway’s ownership when determining the value of his interest, because tax shelters are designed to generate tax losses. As the partnerships mature, the concerns of the partners are more with the sales price. Gunkel’s opinion is borne out by the record. Homestead gener *138 ated a $30,368 loss to Bradway in 1982 which the Liddles used to offset an equal amount of earned income. However, by 1985, this figure had decreased to $16,300, and by 1990 it would fall to $9,600. This supports Gunkel’s conclusion that the partnership would probably sell the project within five to seven years.

Gunkel concluded that at the time of sale, which he felt would be at the end of 1990, Bradway’s interest would sell for $100,000. However, as Cynthia argues, and Bradway and Gunkel agree, the trial court was required to value Bradway’s interest in Homestead as of the date of the divorce — July 17, 1985. Holbrook v. Holbrook, 103 Wis. 2d 327, 334, 309 N.W.2d 343, 347 (Ct. App. 1981). "Fair market value” is the proper method of valuing property in a divorce property settlement. Corliss v. Corliss, 107 Wis. 2d 338, 345, 320 N.W.2d 219, 222 (Ct. App. 1982).

Fair market value is the price that property will bring when offered for sale by one who desires but is not obligated to sell and bought by one who is willing but not obligated to buy. First Wisconsin Nat. Bank v. Wilson, 121 Wis. 2d 505, 507-08, 360 N.W.2d 548, 550 (Ct. App. 1984). This definition requires consideration of what factors buyers and sellers find relevant when negotiating a deal. Thus, disadvantages or liabilities of ownership may dramatically affect the fair market value of property. State ex rel. Wis. Edison Corp. v. Robertson, 99 Wis. 2d 561, 569, 299 N.W.2d 626, 630 (Ct. App. 1980).

Gunkel’s task was to determine the fair market value of Bradway’s interest in Homestead at a time about halfway between its purchase and the probable sale of the partnership assets. Holbrook and Corliss *139 required Gunkel to consider what factors the hypothetical purchaser of Bradway’s interest in Homestead would find relevant. Gunkel concluded that future cash to be distributed, loss allocation, tax benefits and price realized for the property would be the factors considered. He developed a table which showed the values of these items:

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The total benefit to a purchaser of Bradway’s interest in Homestead would be $143,002.

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410 N.W.2d 196, 140 Wis. 2d 132, 1987 Wisc. App. LEXIS 3692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-liddle-v-liddle-wisctapp-1987.