Partnership liquidating distributions property

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No allowance shall be made for goodwill, trade name, patents, or other intangible assets, except as those assets have been reflected on the partnership books immediately prior to the decedent's death; but the survivor shall nevertheless be entitled to use the trade name of the partnership. Any controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the rules, then obtaining, of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.

(b) Except as herein otherwise stated, the procedure as to liquidation and distribution of the assets of the partnership business shall be the same as stated in paragraph 10 with reference to voluntary termination. Executed this ______________ day of _________________, 20_____ in _____________________ [city], _____________________ [state].

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If so, it may be time to dissolve and liquidate the company and distribute its assets to its owners.

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The Green Book explanation of why we need this now is misleading in at least two respects.

First, §875(1) has nothing to do with characterizing the sale of a partnership interest.

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