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Economic difficulties complicate keeping restaurants in the family


By RON  RUGGLESS



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(Nov. 16, 2009) The planned year-end closure of the Blackhawk in Wheeling, Ill., after 40 years in operation highlights some of the difficulties now facing family-owned restaurants.

Given the tough economic environment, family-owned businesses need not only interested successors to remain viable, but also a firm grasp of what the business is worth and a structured succession plan for turning the enterprise over to the new generation, experts say.

The Blackhawk, opened in 1969, will close on Dec. 31 because no family members are interested in pursuing a restaurant career.

Ann Roth, widow of founder Don Roth, said, “With my 90th birthday on the horizon and none of my children in a position to assume responsibility for the family business, it will be better to close Don’s last restaurant while it still is a going concern.”

Even for family restaurants with interested heirs, succession planning has become more tangled because the recession has pushed down the values of real estate and affected cash flows from business.

“The first thing someone should do is visit with a professional, whether it be their CPA, their attorney or their financial planner, and ask what are the ways other businesses hand down the baton to the next generation,” said Bob Moses, principal in the Beacon Financial Group in Dallas.

“And then they need to get a valuation of the business,” Moses said. “The value of what they think it is, versus what it really is, can be really two different points of view. That needs to be done by an independent third party, so there’s an arms-length transaction.”

At Cozy Corner, a barbecue restaurant in Memphis, Tenn., three generations of the founding family work in the eatery, including Desiree Robinson, left, pictured with family members Lailah Robinson and Val Bradley.

For many restaurant families, the business is the largest asset in the estate. For example, the Cozy Corner Restaurant Inc. in Memphis, Tenn., has three generations of the founding family working in all parts of the business. Desiree Robinson, widow of Raymond Robinson, who founded the barbecue spot in August 1977, said, “It seems like all members of the family eventually work here. It’s like a family legacy.”

Even in two-generation families, succession planning is fraught with challenges.

“They may have one child in the business and other siblings outside the business,” Moses said. “We’ve assisted the parents in starting to gift to the siblings outside the business other assets not involved in the business so there’s some equalization among siblings.

“It’s a sensational time to gift,” Moses said. “The IRS allows you to do it on a discounted basis, called a GRAT, or a grantor-retained annuity trust. It’s a significant way of getting one asset to another party on a very, very discounted basis.

“The success of the GRAT transfer depends on the interestrate environment,” Moses added. “Interest rates are so low right now that a parent can gift to the next generation and all the appreciation goes to that next generation and it’s not in the value of the person giving the gift’s estate. We’re passionate about finding ways to help people reduce their estate tax. The GRAT method is one of the best, especially in family-owned restaurants.”

The GRAT is set up so the donor receives an annual payment from the annuity for a fixed period, at the end of which the remaining value is passed on to the beneficiary, who must be a family member. The gift value is set on the initial contribution plus a theoretical interest rate, which is based on the federal mid-term rate in the month the GRAT was established.

At Arnold’s Country Kitchen in Nashville, Tenn., which opened in 1981, from left, are family members Kahlil, Rose, Rose and Franz Arnold.

Partnerships are another vehicle in estate planning. Rose Arnold, co-owner of Arnold’s Country Kitchen in Nashville, Tenn., has five children, and at busy holiday times they all return to help in the business.

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Economic difficulties complicate keeping restaurants in the family