The Haunting Trinity of Vexing Valuation Issues in High Asset Matrimonial Litigation

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THE HAUNTING TRINITY OF VEXING VALUATION ISSUES IN HIGH ASSET MATRIMONIAL LITIGATION Featuring Honorable Hany A. Mawla, JAD (Westmont) Moderator/Speaker James P. Yudes, Esq. Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney James P. Yudes, P.C. (Springfield) Speakers Mark S. Dunec, MAI, CRE, FRICS FTI Consulting (Roseland) R. Joseph Gunteski, CPA, CFF Cowan, Gunteski & Co., P.A. (Toms River) Brian G. Paul, Esq. Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney Szaferman, Lakind, Blumstein & Blader, P.C. (Lawrenceville) M0941.21 © 2021 New Jersey State Bar Association. All rights reserved. Any copying of material herein, in whole or in part, and by any means without written permission is prohibited. Requests for such permission should be sent to NJICLE, a Division of the New Jersey State Bar Association, New Jersey Law Center, One Constitution Square, New Brunswick, New Jersey 08901-1520. Table of Contents Page High Income and Asset Case Profile R. Joseph Gunteski, CPA, CFF Danielle Lipari, M.B.A., CPA 1 An Overview of Valuing and Distributing Passive and Active Assets Melissa R. Barrella, Esq. 3 Double Dipping: Family Law Style Kevin M. Mazza, Esq. 11 Meet the Flintstones: A Case Study on the Eligibility of Assets Held in a Trust for Purposes of Equitable Distribution Brian G. Paul, Esq. 25 Fred Flintstone v. Wilma Flintstone 26 Background 26 Wilma’s Homemaking and Child Rearing Contributions 27 Fred’s Management of Bedrock Six, LLC and His Acquisition of Additional Business Interests During the Marriage 28 Fred’s Active Efforts in the Businesses 32 Issues for Resolution 33 The Law on Equitable Distribution 35 Eligibility of Assets for Equitable Distribution 35 Active v. Passive Appreciation 35 The Burden of Establishing Immunity 39 Resolution of Fred’s Claims of Exemption 40 The Appreciation in Bedrock Six, LLC and Flintstone Gardens is Subject to Equitable Distribution 40 The Giggles Flintstone 1993 Trust and Its Appreciation Are Exempt from Equitable Distribution 54 Whether Wilma, as an Equitable Distribution Judgment Creditor, is Able to Reach Trust Assets to Satisfy Her Award 56 Attachment Fred Flintstone’s Business Entity Organizational Chart 63 About the Panelists… 65 .

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The Flintstones (1960-1966), About a “Modern Stone-Age Family,” Was The
Columbia Pictures) to develop a prime-time animated series. They worked out the concept of parodying current situation comedies, especially The Honeymooners and Father Knows Best, with the twist of setting them in a different historical era. Cartoonists Dan Gordon and Bill Benedict had the idea to use a Stone Age setting (although the Fleischer Studios pro- duced a similar series of Stone Age Cartoons back in 1940). The concept was bought by ABC, and premiered Sept. 30, 1960. Voiced by Alan Reed, Jr. (Fred Flintstone), Mel Blanc (Barney Rubble), Jean VanderPyl (Wilma Flintstone) and veteran actress Bea Benaderet (Betty Rubble), The Flintstones finished the season in the Nielsen ratings’ top 20, and won a number of industry awards, including the Golden Globe, and an [email protected] Emmy nomination for best comedy series of 1960-61. A clear appeal of the series lays in its parody of sitcom for- mula plots, and there are elements of satire in the way modern consumer conveniences are turned into sight gags. One of the show’s favorite gags was to have cameos by Stone Age versions of modern celebrities (Ann Margrock, Stony Curtis, etc.). The most popular gimmick was Wilma’s pregnancy, ending with the February 1963 “birth” of their little girl, Pebbles. The next season the Rubbles adopted Bamm-Bamm, a little boy of incredible strength and a one- word vocabulary. By the fifth and sixth seasons, the show began to use more storylines aimed at kids, with new neighbors the Grue- somes (a spin on The Munsters and The Addams Family), and magical space alien The Great Gazoo (Harvey Korman).
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Meet the Flintstones Fred and Wilma Flintstone have a joint checking account 1-654-9 at RFB-Rock Branch with Fred as the IRS owner. Fred, a quarry equipment operator, SS# 123-45-6789 came in and deposited 8,500 in cash which was his cash bonus from recent quarterly quarry sales. Later in the day, Wilma SS# 987-65-4321 brought in 2,500.50 in cash from the sale of her rock necklaces from the weekend craft show along with 555.75 in checks. She took $500.15 of the cash to purchase a bank check to pay tuition for Pebbles to attend 4H, Happy Horned Toads, pet camp with her pet, Dino. She then took $75 cash from Pebbles’ account 9-321-7, to pay for vaccinations for Dino so that he is eligible to attend camp. After school that day, Pebbles also came to the bank with some friends to deposit $25.00 in coin to her savings account which was her portion of profit from Shamrock sales by the 4H club as a fundraiser for camp. Pebbles’ SS is 456-98-7321 no DL, her student ID from Bedrock Jr Hi is on file as well as her birth certificate. Fred and Wilma are co-owners with Pebbles on the savings account. As it happened, Fred had written a check to his fellow lodge brother, Barney Rubble, for his share of the recent St Patrick’s Day bowling party they hosted for the lodge. Barney brought the check to be cashed on the same day, 4/1/2013, as the other transactions.
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42083 Product Copy.Docx
21316 The Flintstones Ages 10+, 748 pieces $59.99 (USD) / $79.99 (CAD) Have a yabba dabba doo time at Fred Flintstone’s home! Modern Stone Age suburban life in Bedrock comes to life in LEGO® form with this LEGO Ideas 21316 The Flintstones collectible building set, the latest model designed by a LEGO fan, submitted to the LEGO Ideas community, and selected to become an official LEGO set! A wonderfully nostalgic building toy, it features The Flintstones house and iconic family car. The detailed house has a removable roof for easy play, an opening front door, sofa, TV, coffee table, bowling ball and bowling pin elements, plus a green garden baseplate with a buildable palm tree. Build your own Flintstones vehicle that seats 4 minifigures and features a new-for-March-2019 fabric car roof element and an attachable dinosaur rib for creative play. The first animated TV series ever to be aired in a prime-time slot, The Flintstones cartoon was first broadcast in America in 1960 and has become an enduring family favorite around the world. Recreate hilarious scenes with minifigure versions of Fred and Wilma Flintstone and their friends Barney and Betty Rubble. • Build and display this collectible construction toy or recreate your favorite scenes from the classic American animated sitcom The Flintstones • This LEGO Ideas building toy includes 4 The Flintstones cartoon character minifigures: Fred Flintstone, Wilma Flintstone, Barney Rubble and Betty Rubble • The Flintstones home features a removable roof for easy play, an opening front door, curtains
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