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U.S. Supreme Court’s Recent Decision in Connelly v. United States

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Overview

Join us for an insightful program hosted by the Missouri Society of CPAs and the Missouri Bar Association, where we’ll dive into the implications of the U.S. Supreme Court's recent decision in Connelly v. United States and explore its significance for legal and accounting professionals alike.

The U.S. Supreme Court’s recent decision in Connelly v. United States has upended buy-sell planning for many business owners.  The case addressed the valuation of stock in a closely held business and held that the obligation of an entity to buy a deceased equity owner’s shares does not reduce the value of the insurance proceeds received by the entity to fund the buyout.  For some estates, the resulting estate tax bill might equal or exceed the redemption proceeds, not a happy result for the heirs.  This session will discuss the landmark case and its implications on business owners for estate valuation and buy-sell agreements. We will discuss what went wrong, how the basis for the Supreme Court’s decision differed from the 8th circuit, and innovative strategies to consider for cross purchase designs.

Highlights

  • US vs. Connelly Case Overview: Understand the details of the case and its impact on how estates are valued.
  • What should practitioners be telling clients now? 
  • Should redemption agreements be restructured as cross-purchase agreements? 
  • What alternative strategies are available to avoid the impact of the Connelly decision?

Prerequisites

Basic understanding of business planning/working with business owners.

Designed For

CPAs and Attorneys

Preparation

None.

Leader(s):

Leader Bios

Jeff Keiser

Jeff Keiser is the Chief Legal Officer and Director of Family Office Services at Archford Capital Strategies. He currently services the firm's clients by providing analysis and consulting services for all their financial, business succession, and estate planning needs as well as the family's philanthropic intents. Backed by a talented team of specialized professionals, Jeff's attention to each client's family and unique financial goals has cemented Archford's reputation as a firm providing family office services.

Jeff launched his legal career in 1985 with a boutique estate planning law firm, where he worked with ultra-high net worth clients in every facet of their comprehensive estate plans. Jeff left private practice to join Boatmens Trust Company as a Trust & Probate Administrative Officer. That Trust Officer role transitioned into a Trust Counsel role at UMB Bank and then, in 1995, as the initial General Trust Counsel when Edward Jones launched their national trust company.

Jeff left the Trust Counsel role in 2001 when he joined Merrill Lynch as a Planning Specialist focusing on helping clients create better financial, estate and business succession planning for their wealth and their family. Jeff joined Bank of America Private Bank in 2004 and continued his comprehensive family wealth planning as a Managing Director and Wealth Strategies Advisor with Bank of America through March of 2022. With over 35 years of experience in the trust and financial services industry across several companies, Jeff has amassed a familiarity with every facet of Private Wealth Management from estate and business succession planning to income, gift, generation skipping and estate tax strategies, to philanthropic strategies and investment management. Jeff prides himself on leveraging his extensive experience with Private Wealth Clients to provide holistic advice to Archford clients.

Over the past 30 years, Jeff has spoken at numerous events and conferences on tax and estate planning to maximize the income tax savings while reducing estate taxes in sophisticated estate and business succession planning.

Professionally Jeff received his undergraduate and Law degrees from the University of Missouri-Kansas City, his Certified Financial Planner® Designation from the College of Financial Planning, and his Accredited Estate Planner® designation from the National Association of Estate Planners and Councils.

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Kevin Summers, Partner, Anders CPAs & Advisors

Kevin is a partner and forensic, valuation and litigation practice leader.  In addition to being a CPA, he holds a law degree from Saint Louis University.  Kevin has served as an expert witness in cases involving economic damages, valuations of privately-held businesses, intellectual property and family law matters. He has also been involved in a number of fraud investigations. As an ABV, Kevin understands the goals and objectives of business owners and helps them maximize the value of their business and plan their transition strategy. Kevin is also an adjunct professor at St. Louis University, teaching an MBA level course on accounting ethics, fraud and forensic accounting.

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Norman Newmark

Norman S. Newmark is a partner at the law firm of McCarthy, Leonard & Kaemmerer, LC, a business and labor law firm based in Town and Country, St. Louis County, Missouri, where he heads the trust and estates/tax practice. 

Mr. Newmark focuses his practice in the areas of corporate tax planning, tax controversies, estate and business succession planning, probate administration and fiduciary litigation. 

Mr. Newmark is a Fellow of the American College of Tax Counsel and a Fellow of the American Bar Foundation.  He is an adjunct professor of law at the Washington University in St. Louis School of Law (LLM in Taxation program). He has received a peer review rating of AV-Preeminent from Martindale-Hubbell (highest level of professional excellence), and currently serves as the vice chair of the Missouri Bar Taxation Committee. 

Mr. Newmark is a frequent lecturer at continuing legal education events and has published articles in various legal publications including The Banking Law Journal and the University of Missouri Business, Entrepreneurship & Tax Law Review on various tax-related topics. 

Mr. Newmark earned his B.A. degree, cum laude, from Boston University, and both his J.D. degree (Order of the Coif) and LL.M. in Taxation from the Washington University in St. Louis School of Law. 

He is admitted to practice in Missouri, Oklahoma, and the U.S. Tax Court, and is an active member of the American Bar Association Section on Taxation (S Corporation Committee).


 

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