We explicitly advise clients that the value determined under the safe harbor regulations will be accepted by the Service without question, while our market value could be challenged and may need to be defended.
The Department of Labor today proposed "safe harbor" regulations that would allow employers to adopt certain default investments for indecisive workers without worrying that they'll be held liable if those investments go sour.
The problem is that valuations performed under the safe harbor of these regulations are quite punitive and in many instances, in my opinion, do not reflect a policy's fair market value.