How U.S. Tax Court Reached Its Decision on Michael Jackson's Right of Publicity

The Estate of Jackson tax case involved a valuation dispute over the right of publicity of deceased superstar Michael Jackson, as well as his music publishing interests. The Internal Revenue Code, 26 U.S.C. §2031(a) states: "The value of the gross estate of the decedent shall be determined by including to the extent provided for in this part, the value at the time of his death of all property, real or personal, tangible or intangible, wherever situated." This determination is made based on "fair market value," defined in 26 C.F.R §20.2031-1(b) as "the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts." As Judge Holmes noted, fair market value of an estate asset "is generally its value in its highest and best use on the valuation date."

After the scandal-plagued Jackson died in 2009, his estate inherited his right of publicity under Calif. Civil Code. §3344.1. The estate then hired accounting firm Moss Adams, which placed the value of Jackson's name and likeness at just $2,105, because, according to Judge Holmes: "What Moss Adams discovered was that in the years before Jackson died and when he was in dire need of income, he had earned close to nothing from his image and likeness." The Internal Revenue Service, on the other hand, valued the world-famous Jackson's right of publicity at $161 million.