Jackson and Prince Estate Valuation Disputes Settled
Michael Jackson died in 2009. One of the most influential cultural figures of our time, the King of Pop was perhaps the most famous person in the world during his prime recording and performing years. Yet, at the end of his life, accusations of criminal behavior and drug abuse sullied Jackson’s reputation, and his enormously respected talent took a back seat to his enormously eccentric lifestyle. His sudden death at age 50 was ruled a homicide by “combined drug intoxication.”
After his death, the late megastar’s estate was the subject of a four-year dispute with the IRS. At issue was the value of the estate and the tax owed on three of the estate’s assets: Jackson’s name, image, and likeness; his interest in Majic Music, an entity that held a catalog of his own and other songwriters’ music; and his 50% interest in Sony/ATV Music Publishing, a music publishing company.
$2,000 or $161 Million?
There’s no question that Jackson’s image and likeness at his time of death were worth much less than they had been at the peak of his popularity. In fact, according to an expert hired by the estate, his image and likeness generated just $24 in the last six months of his life.
On the estate’s 2009 tax return, using only the income method, the estate valued Jackson’s name and likeness at slightly more than $2,000, Majic Music at $2,207,351, and Jackson’s interest in Sony/ATV Music Publishing at $0.
The IRS audited the estate’s return in 2013 and issued a notice of deficiency, claiming the estate had underpaid its tax obligation on these and other assets by $500 million. The IRS also claimed an additional $200 million in penalties.
A trial in the U.S. Tax Court ensued. The estate retained four valuation experts to assess the three contested assets, arriving at a new value of $3 million for Jackson’s name and likeness and $2.7 million for Majic Music. Jackson’s interest in Sony/ATV Music Publishing remained at $0 due to various restrictions and encumbrances on his ownership. The estate tax affected the cash flows of these entities, a decision that the IRS would later challenge.
The IRS relied on one expert, Weston Anson, for its valuations. Anson arrived at a value of $161 million for Jackson’s name and likeness, $114 million for Majic Music, and $206 million for Sony/ATV Music Publishing.
Then, in a Hollywood twist, Anson’s credibility took a massive hit during the trial when he lied about his firm’s involvement in the valuation of Whitney Houston’s estate and about whether he advertised his involvement in the Jackson case to promote his business. The estate asked to strike Anson’s testimony and reports as “tainted by perjury,” but the Court considered that action too severe. Instead, the Court chose to “discount the credibility and weight” it gave to Anson’s testimony.
The Court Weighs In
In its 271-page opinion, the Tax Court waded through myriad facts to arrive at a fair market value for the three assets, plus weighed in on whether the estate would have to pay the $200 million “gross-valuation misstatement penalty” the IRS imposed.
The Court discussed in detail the experts’ use of the income approach, the discounted cash flow method, projections, discount rates, discounts for lack of marketability and control, and synergies. The judge commented that Jackson’s assets required “active management” and that they had been managed with “stunningly greater competence” after his death “than they had been in Jackson’s own hands.” This underscored that the estate value was to be determined at the time of Jackson’s death, not after.
The Court rejected the tax affecting of the assets’ values, saying that the estate’s experts used inconsistent tax rates and failed to explain their hypothetical assumptions about likely buyers of the assets. The Court also slammed Anson’s valuation, citing his credibility, his failure to value the correct assets (he included non-image-and-likeness rights in his image-and-likeness valuation), and calculation errors.
Generally agreeing with the estate’s valuation, which the Court said was “much closer to reality,” it conducted its own calculation. The result: the Court valued Jackson’s image and likeness at just under $4.2 million. (The judge, known for his wit, noted that the estate’s original value of $2,105 was comparable to the “price of a heavily used, 20-year-old Honda Civic.”) It valued Jackson’s interest in Majic Music at $107 million and agreed with the estate’s $0 valuation of Sony/ATV Music Publishing.
The Court also found that the estate was not liable for IRS-imposed penalties relative to its initial tax return, saying that while the estate’s initial valuations were remarkably low, they were defensible, and the estate had acted in good faith.
A Real Thriller
While there are many takeaways from this “valuation of the century,” the biggest is that this was a clear victory for the Jackson estate.
Other reminders: Stick to what is known or knowable at the valuation date, be sure to account for nuances in the industry in which the target entities operate, and provide defense for any assumptions. Finally, if you are an expert witness and you want a judge to believe you, don’t damage your credibility by parsing the truth in court.
The good news for Jackson’s heirs is that the estate continues to grow, earning a peak of $825 million in 2016. In 2020, the estate earned a healthy $48 million, landing Michael Jackson at the top of Forbes’ “posthumous rich list.”
Prince Estate Settled Before Trial
After a six-year dispute, the estate of Prince R. Nelson and the IRS have also settled their valuation differences, settling on a value of $156.4 million for the rock star’s estate. This figure is nearly double the estate’s valuation of $82.3 million and closer to the $163.2 million initially determined by the IRS. The IRS also dropped a $6.4 million penalty.
At issue were the value of Prince’s real estate, music rights, name and likeness, and other assets. Three of Prince’s living heirs and the music publishing company Primary Wave, which now owns the rights to Prince’s music catalog, hope to earn new and ongoing revenue from these assets.
Proper valuation requires expertise and experience. Our business valuation team is happy to discuss valuation issues with you at your convenience.
Disclaimer of Liability
Our firm provides the information in this article for general guidance only, and does not constitute the provision of legal advice, tax advice, accounting services, investment advice or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal or other competent advisors. Before making any decision or taking any action, you should consult a professional advisor who has been provided with all pertinent facts relevant to your particular situation. Tax articles are not intended to be used, and cannot be used by any taxpayer, for the purpose of avoiding accuracy-related penalties that may be imposed on the taxpayer. The information is provided “as is,” with no assurance or guarantee of completeness, accuracy or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability and fitness for a particular purpose.