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Valuations of Private Promissory NotesValuations of Private Promissory Notes

Recent declines in the real estate and credit markets provide a unique opportunity in valuations of promissory notes. At first blush, the fair market value (FMV) of promissory notes, secured or unsecured, appears to be easily determined. Treasury regulations presume it to be the amount of unpaid principal, plus any interest accrued to the date of valuation. But fiduciaries can establish that the value

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Suzanne Daggert & Gary Ringel

Recent declines in the real estate and credit markets provide a unique opportunity in valuations of promissory notes.

At first blush, the fair market value (FMV) of promissory notes, secured or unsecured, appears to be easily determined. Treasury regulations presume it to be the amount of unpaid principal, plus any interest accrued to the date of valuation.

But fiduciaries can establish that the value is lower or even that notes are worthless1 — thereby reducing the transfer taxes attributable to the value of these notes. The resulting tax savings almost always exceed the cost of the appraisal.

The question, of course, is how to substantiate an alternate value so that the Internal Revenue Service is convinced.

Fo...

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About the Authors

Gary Ringel

Gary Ringel, CGREA is the Managing Director of Henry & Horne, LLP’s Business Valuation and Litigation

Support Services Group and the Real Estate Appraisal Division. He has prepared more than 3,000 business

valuations and real estate appraisals for attorneys, accountants, trust officers, financial planners, real estate

developers, and lending institutions.

 

Gary works closely with many of Arizona's most prominent legal, accounting, and actuarial firms in regard to

estate planning, pension plan administration, litigation support and real estate consulting.

 

He has been a guest speaker for a number of professional organizations, including the State Bar of Arizona,

Valley Estate Planners, East Valley Estate Planners, the Phoenix Tax Workshop, the Western Pension and

Benefits Conference, and the National Institute of Pension Administrators.

 

Gary is a Certified General Real Estate Appraiser, a member of the American Society of Appraisers and a

certified Arizona Commercial Real Estate Appraiser. He is also a member of the Central Arizona Estate

Planning Council and Valley Estate Planners.

 

After graduating from the University of Wisconsin in 1970, Gary became an executive in charge of real estate

for a large Chicago-based retail drug store chain. In 1985, Gary moved to Phoenix, where he and Elliott

Pollack co-founded U.S. Liquidity I Limited Partnership, a secondary market buyer that purchased private

limited and general partnership interests as well as promissory notes. Recognizing a niche in the marketplace,

in 1989 Gary formed U.S.L. Valuation, Inc., now known as Ringel Business Valuation Services, a full-service

business valuation and real estate appraisal firm.

 

Mr. Ringel serves on the Arizona Community Foundation, Professional Advisory Board and the Jewish

Community Foundation of Greater Phoenix Board of Directors, Professional Advisory Board and Business &

Professionals Committee.

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