Marriage of Petterson v. Petterson

366 N.W.2d 685, 1985 Minn. App. LEXIS 4117
CourtCourt of Appeals of Minnesota
DecidedApril 30, 1985
DocketC5-84-1623
StatusPublished
Cited by7 cases

This text of 366 N.W.2d 685 (Marriage of Petterson v. Petterson) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marriage of Petterson v. Petterson, 366 N.W.2d 685, 1985 Minn. App. LEXIS 4117 (Mich. Ct. App. 1985).

Opinion

OPINION

LESLIE, Judge.

Linda Petterson appeals from a judgment that dissolved her marriage to respondent David Petterson. The main issues at trial were: (1) the value of the homestead and of stock in a closely-held corporation, (2) whether certain real estate investments made by David during separation were marital property, and (3) Linda’s request for $750 per month in permanent spousal maintenance. We affirm.

FACTS

The parties were married on September 3, 1955. There are four adult children of their marriage. Linda Petterson commenced an action for dissolution and trial was held on December 6, 1983.

Both parties submitted evidence of the value of the homestead. Linda testified that the home was worth $109,000, the value placed on it by the appraisal of a real estate agent. David testified that the home was worth $135,000, the value set by a professional real estate appraiser. The trial court found the fair market value of the homestead was $135,000 and awarded the homestead to Linda.

David Petterson owns 15 percent of the stock of Art-O-Graph, Inc., a Minnesota corporation. The remaining 85 percent is owned by one other shareholder. David testified that any sale of his stock would be controlled by a buy-sell agreement which sets the value of that stock at $57,000. A promissory note from David to Art-O-Graph reduces the net value of his interest by $12,500.

Linda Petterson called a certified public accountant to value the Art-O-Graph stock. He testified, based on an “income extreme projection” of Art-O-Graph’s earnings, that David’s 15 percent interest was worth $80,-000. On cross-examination, the accountant testified that the buy-sell agreement would *687 control any transfer of David’s stock. The trial court found the net value of David’s interest in Art-O-Graph was $45,400.

David Petterson made investments after his separation from Linda and before trial. These investments (INVESPRO II and INVESPRO SF) were made with David’s savings and with loans from banks and from Art-O-Graph. The trial court found the investments had a net value of $55,000. David argued that he should be awarded the investments because he had contributed to their acquisition.

The trial court made an almost equal division of the assets of the parties: Linda received the homestead and other property with a total value of $267,576.96; David received property valued at $270,974.64, including the Art-O-Graph stock and the INVESPRO II and INVESPRO SF. The trial court also ordered David to pay $3,000 in attorney fees to Linda.

The trial court denied Linda’s request for $750 per month in permanent spousal maintenance because it found that she did not meet the criteria of Minn.Stat. § 518.522 (1982).

ISSUES

1. Did the trial court err in valuing the homestead and stock in a closely-held corporation?

2. Did the trial court make an equitable division of the marital property?

3. Did the trial court err when it denied permanent spousal maintenance?

ANALYSIS

1. Property Values

A trial court has broad discretion in the valuation of marital property and an appellate court will not overturn the trial court’s valuation of assets unless it is clearly erroneous. Bogen v. Bogen, 261 N.W.2d 606 (Minn.1977); Minn.R.Civ.P. 52.01. “(T)he market valuation determined by the trier of fact should be sustained if it falls within the limits of credible estimates made by competent witnesses * * *". Lammi v. Lammi, 348 N.W.2d 372, 374 (Minn.Ct.App.1984), quoting, Hertz v. Hertz, 304 Minn. 144, 145, 229 N.W.2d 42, 44 (1975). The Homestead

The evidence of market value at trial included professional appraisals and the testimony of the parties. Linda Petterson submitted a market analysis prepared in 1982 by Burnet Realty which valued the homestead at $109,000. David Petterson submitted a professional appraisal from Appraisal Valuation Analysts, Inc. that valued the homestead at $135,000. David testified that the county had assessed the homestead at $110,000 for property tax purposes.

The trial court thus had three different estimates of the value of the homestead. The court apparently accepted the professional appraisal as more accurate and found the value of the homestead to be $135,000. Under Hertz and Lammi we must affirm that finding because it falls within the limits of credible estimates made by competent witnesses. The trial court’s decision to accept a value at the upper limit of the estimates was within its broad discretion.

The Art-O-Graph Stock

The leading case on the valuation of stock in a closely-held corporation for purposes of a property settlement is Rogers v. Rogers, 296 N.W.2d 849 (Minn.1980). The issue in Rogers was the proper method of valuing an 85 percent interest in a Sub-chapter S corporation. The husband contended that a buy-sell agreement set the value of his shares at $254,000. The wife’s expert, a certified public accountant, testified that the husband’s interest in the business was worth $746,826. The trial court found the husband’s interest in the corporation was worth $600,000. Id. at 850-1.

On appeal, the Minnesota Supreme Court discussed competing methods of valuation. The court held that the buy-sell agreement was not dispositive because the husband, as 85 percent owner, had a controlling interest and could modify that agreement. The court also noted the possibility that the assets of the corporation could be sold and the corporation dissolved, but the court did *688 not accept the expert testimony of the accountant which it severely criticized. Id. at 852-3.

The court reversed the trial court’s finding and remanded the case with instructions on the valuation of the husband’s business interest:

We commonly accord substantial deference to the findings of the trial court and recognize that in a matter such as this exactitude is not possible. In these circumstances, however, we believe that certain considerations should be taken into account in formulating an award that would give to respondent her fair share of the value of the business appellant built during their marriage but at the same time would not . overvalue the business in light of the contingencies to which it is subject.
We also believe that the buy-sell agreement, while not dispositive as to value, should be considered in determining the form of the award. Although, as respondent points out, it is speculative that appellant might die or become disabled before he realizes the full value of his interest in RFA, it would seem unfair to award respondent a fixed amount based upon the most optimistic appraisal of the circumstances.

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Bluebook (online)
366 N.W.2d 685, 1985 Minn. App. LEXIS 4117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-petterson-v-petterson-minnctapp-1985.