Vauling Closely Held Businesses Under New Jersey Law - What's it Worth?
What is my business worth? You say $100,000, she says $1,000,000. Whether arguing with an irate spouse in the context of a divorce case or a business partner in a partnership dispute, the answer is often difficult and expensive to determine. As the New Jersey Supreme Court observed in Balsamides v. Protameen Chemicals, Inc. , 160 N.J. 352, 368 (1999) (“ Balsamides “), and Lawson Mardon Wheaton, Inc. v. Smith , 160 N.J. 383, 397 (1999) (“ Lawson “), valuation of a closely-held business is not an exact science. See also Bowen v. Bowen , 96 N.J. 36, 44 (1984) (quoting Lavene v. Lavene , 162 N.J. Super. 187, 193 (Ch. Div. 1978) (on remand) ( Lavene II )); John R. MacKay, II, 2 New Jersey Business Corporations § 14-6(d)(1) (2d ed. 1996). In Lavene v. Lavene , 148 N.J. Super. 267 (App. Div.), certif. denied , 75 N.J. 28 (1977) ( Lavene I ), where the Appellate Division held that the husband’s 43% interest in a closely-held corporation “constitute...