In Re the Marriage of Wiedemann

402 N.W.2d 744, 1987 Iowa Sup. LEXIS 1100
CourtSupreme Court of Iowa
DecidedMarch 18, 1987
Docket85-1478
StatusPublished
Cited by38 cases

This text of 402 N.W.2d 744 (In Re the Marriage of Wiedemann) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Wiedemann, 402 N.W.2d 744, 1987 Iowa Sup. LEXIS 1100 (iowa 1987).

Opinion

SCHULTZ, Justice.

This is an appeal from the economic provisions of the dissolution decree. The court of appeals made two significant modifications to the trial court’s decree. First, it decreased by $309,173 the amount of cash payment by respondent Martin F. Wiedemann, Jr., who received the principal assets of the parties in the form of stock in two closely held corporations, to petitioner Judith M. Wiedemann. Second, it reduced the alimony award granted petitioner from $1,050 per month to $500 per month after five years. In her application for further review, Judith assails the reduction of valuation of the closely held corporations, the amount of the award to her and the reduction of alimony after five years.

The parties were married in 1945, forty years prior to the hearing, while Martin was an army medic. Neither party brought material assets into the marriage and they struggled financially during the early years of the marriage. They raised four children. Martin did inherit a small sum from his parents, which is insignificant compared to the parties’ present net worth.

At the time of the trial Martin was sixty-one years of age and in good general health, except that he is diabetic and takes medication. He completed three years of college, having majored in chemistry. Martin went into business with his father in Muscatine, Iowa, first as an employee and then as a partner. In 1961, Martin started his own business, Wiedemann Industries (WI), which builds baptistries for churches. In 1970, the parties started a real estate *746 management business, MJ. Management Enterprises (MJ), which provides housing for WI through a rental arrangement. Martin has always served as president of the two corporations and describes his position as head of research and development of all new products up to the point of manufacture. His salary is normally $100,-000 per year.

Judith, age sixty at the time of trial, is in good health. She was within one credit of receiving a high school diploma. She did office work for Wiedemann Industries between 1961 and 1976. In 1976, the parties separated and she was terminated from her employment. Since that time she has worked at various jobs and now works part-time at a salary of $4.25 per hour. From 1973 until her termination she made $147 per week and received three bonuses amounting to $37,000.

Until the parties split up in 1977, both parties worked in the family industry, shared the child care and household chores and had joint checking accounts. In the nine years that the parties were separated before trial, Martin ran the family businesses exclusively.

The valuation of the net worth of the two corporations has been a source of dispute between the parties throughout these proceedings. The trial court valued the companies separately. We first look at WI.

Since its incorporation Martin has been the president and general manager of WI. It is a family business that grew quickly, and formal management skills were not developed within the corporation. Martin focused on product development and Judith focused on marketing. Martin’s philosophy is to refrain from borrowing money, and the company therefore has no long term debt. Both the volume of sales and the number of employees of the company have grown steadily throughout the years. In 1984, the sales exceeded $2,200,000 and the company had sixty employees. At the time the company was incorporated it was the only manufacturer of portable and fiberglass baptistries in the country. In 1976, it had about thirty-five percent of the national market and presently it only has twenty percent. The company now has twenty-six competitors.

MJ was incorporated to own the real estate necessary for the business and to protect it from any substantial losses that might be incurred by WI. Martin owns 1,560 shares and Judith owns 1,440 shares in MJ. The plant is comprised of several buildings and occupies 53,820 square feet. MJ leases the real estate to WI for an annual rent of $35,000. At the end of 1984, WI owed to MJ back rent in the amount of $148,182.

In valuing WI, the trial court used a two-step valuation, arriving at a capitalized earnings factor and a book value factor. In determining the capitalized earnings, the ten year average of earnings, $35,766, was applied to a capital rate of return of ten percent on the first $15,000, twelve percent on the next $10,000 and fourteen percent on the balance. After adjustment upward by an additional ten percent, to account for ownership of a majority interest, and reduction of the sum by twenty percent to account for lack of market for the closely held corporation, the court determined that the capitalized earnings value was $279,-210.

In determining the book value of the stock, the court used the value shown as $698,100. In its final step the court weighted the capitalized earnings by three and the book value by two, resulting in a fair market value determined by the court to be $446,765. As Martin owned 330 shares of the total 350 shares of WI, the court determined the value of this marital asset to be $421,226.

In determining the value of MJ the trial court used an asset value approach. It adopted the appraisal of the .buildings and real estate done by an independent company and used by the tax assessor in 1983, but applied a twenty percent discount because of the state of the market. This showed the value of the buildings and real estate to be $694,800. The court added the account payable from WI of $148,182 and an additional accrued rent of $9,000 at the *747 time of trial. It determined the book value to be $851,982. Under the court’s valuation Martin’s stock was worth $443,031 and Judith’s stock was worth $408,951.

In dividing the parties’ property, the trial court attempted to achieve an equal division between the parties. It gave Judith the marital assets under her control and provided that she convey her stock in MJ to Martin within six months. She was to receive an immediate cash lump sum and an additional sum payable in seventy-two monthly installments. Martin was to receive the property under his control, pay the lump sum, and additionally arrange for redemption of Judith’s MJ stock. A condensed summary of the trial court’s division of property is as follows:

Item Judith Martin
all other property 286,600 232,970
WI Stock 419,994
MJ Stock (Judith to receive cash) 408,951 851,982
Lump sum payments 200,222 (200,222)
Redemption of MJ _ (408,951)
Net distribution 895,773 895,773

The court of appeals, in contrast, concluded that the two corporations should be valued as one unit. It considered loans that WI made to the children of the parties, which were carried on the books in the amount of $118,220, to be uncollectable, and reduced the value of the stock in the companies to the sum of $800,000. The court of appeals modified the decree so that Judith received a cash award of $300,-000 and a reduced sum of alimony after five years.

Our review of the provisions of a dissolution decree is de novo because the action is tried in equity.

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402 N.W.2d 744, 1987 Iowa Sup. LEXIS 1100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-wiedemann-iowa-1987.