Wahl v. Wahl

159 N.W.2d 651, 39 Wis. 2d 510, 1968 Wisc. LEXIS 1009
CourtWisconsin Supreme Court
DecidedJune 28, 1968
Docket304
StatusPublished
Cited by30 cases

This text of 159 N.W.2d 651 (Wahl v. Wahl) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wahl v. Wahl, 159 N.W.2d 651, 39 Wis. 2d 510, 1968 Wisc. LEXIS 1009 (Wis. 1968).

Opinions

Hanley, J.

Five issues are presented on this appeal:

(1) Are the trial court’s findings as to the value of defendant’s estate supported by the evidence;

(2) Is the award to the plaintiff as a division of property so excessive as to constitute an abuse of discretion;

(3) In making a final division of defendant’s estate, did the trial court err in not considering the income tax consequences of the division;

(4) Is the award of alimony and support money excessive ; and

(5) Is the amount of fees and disbursements which defendant was ordered to pay to plaintiff’s attorneys excessive.

1. Findings as to Assets and Values.

The trial court found the value of defendant’s assets to be as follows:

[514]*514Equity in home on Altoona Lake $23,835
Furnishings in above home 7,000
Equity in home at Eau Claire 11,499
Furnishings in above home 1,000
Miscellaneous securities 12,100
Life insurance, cash value 2,294
Automobile 3,000
l/s interest in land in Bayfield county 750
40 acres of land in Altoona 1,200
Lot on Altoona Lake 8,000
Joint checking and savings accounts 2,773
Interest in Wahl and Riley partnership 16,000
1/2 interest in three parcels of land designated 15-1062C, 15-1061B and 15-1061F 67,900
Stock in University Heights of Eau Claire, Inc. 251,347
Total 408,698
Less debts 5,900
Net estate $402,798

The court found the total value of the assets to be $408,698. The defendant challenges that finding on the basis that the court improperly valued his stock in the University Heights of Eau Claire, Inc., at $251,347, his one-half interest in three parcels of land designated 15-1062C, 15-1061B, and 15-1061F at $67,900, and his interest in the law partnership at $16,000.

Defendant owns 50 percent of the stock in University Heights of Eau Claire, Inc., which was organized in 1961 with $10,000 of capital and is engaged in real estate development. The court found defendant’s stock interest to be worth $251,347 without breaking down the means of arriving at that figure. It is apparent the court considered that the stock of the corporation was worth as much as its assets, less its liabilities.

[515]*515In Whitman v. Whitman 1 the court discussed the important factors in determining the value of stock of a closely held corporation. In that case the court determined that the most important factor to consider was the market value of the assets owned by the corporation. In that case the court also cited, with approval, the rule set forth by the Internal Revenue Service in Rev. Rul. 59-60, 1959-1 Cum. Bull. 237, 242, sec. 5(a) of that ruling reads as follows:

“Earnings may be the most important criterion of value in some cases whereas asset value will receive primary consideration in others. In general, the appraiser will accord primary consideration to earnings when valuing stocks of companies which sell products or services to the public; conversely, in the investment or holding type of company, the appraiser may accord the greatest weight to the assets underlying the security to be valued.”

Testimony as to the value of the net assets of the corporation was the only evidence presented bearing on the value of the stock apart from defendant’s estimate that in 1966 the stock was worth $50,000. Robert Anderson, a highly qualified real estate appraiser, testifying on behalf of the plaintiff, assessed the fair market value of the corporation’s realty at $377,250. Arthur M. Best, also a qualified real estate appraiser and also testifying for the plaintiff, assessed the real estate values at $416,680.

The trial court, if it accepted the values contended for by the plaintiff on each individual parcel, as it appears to have done, assigned values to the parcels totaling $397,250. The trial court apparently assessed the non-real estate property of the corporation at its value as stated in the balance sheet filed by the corporation in connection with its 1966 federal income tax return.

The defendant does not complain that this method of valuing the stock is inappropriate, nor could he be heard [516]*516to so complain since he offered no independent evidence of its value. His evidence was that the tax picture would prevent the defendant from realizing that amount because of the built-in capital gains tax if the realty is ever sold. On this point Richard S. Irwin, a certified public accountant who prepared the income tax returns for University Heights of Eau Claire, Inc., testified that if all of the corporation’s real estate were to be sold in one year for $377,250, federal income taxes in the amount of $153,240 and state income taxes in the amount of $25,050 would be payable, for the cost basis of the land was approximately $20,000.

Whether the trial court’s valuation of the stock is against the great weight and clear preponderance of the evidence is, of course, the precise legal question here involved. The answer to this question depends upon what conclusions can legitimately be drawn from the evidence submitted and not upon the possible effect of evidence not before the court. In Whitman the evidence of the value of the stock of a family holding corporation was the testimony of an accountant who prepared the corporation’s income tax returns that, using a formula of valuation based on both the book value and the annual earnings from which he obtained a tentative value for the stock and deducting from this figure 45 percent because the corporation was closely held and the shares in question represented a minority interest, the stock was worth $600 a share. In addition, two sales were made in which the selling price was $800 a share; but the court considered one sale not to have been made at arm’s length and found the evidence with respect to the circumstances surrounding the second meager. Despite this and despite the fact that no evidence of the net value of the corporation’s assets was presented, the supreme court held the trial court’s finding that the stock was worth $800 a share not to be against the great weight and clear preponderance of the evidence. Here, the complaint is that [517]*517too much weight has been accorded the net asset value. Since the testimony as to the net asset value is undeniably important here, the probative value of the evidence that the tax considerations should lower the value must be examined. In view of the current land values, the trial court was entitled to disregard the defendant’s evidence that his stock was worth $50,000. There was testimony that the corporation’s cost basis for the land was low and that sizable gains taxable at ordinary income rates would be realized when the land is sold.

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Bluebook (online)
159 N.W.2d 651, 39 Wis. 2d 510, 1968 Wisc. LEXIS 1009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wahl-v-wahl-wis-1968.