Active & Passive Appreciation in Divorce
Featuring Ashok Abbott, Jay Fishman, William Morrison, and Steve Wagner
Telephone Dial-In Audio Conference
Wednesday, September 12, 2007
11:00am -12:40pm Pacific Time
Register for conference for $249
Register for conference and CD for $339
Register for conference and Transcript for $339
Register for conference, CD, and Transcript for $429
Presented by Business Valuation Resources, LLC. Earn TWO INTERACTIVE CPE credits for participating in this conference. Only $249.00 for a single dial-in connection.
Use your conference room and the whole office can listen in. Two CPE credits
are available for each additional listener sharing the same phone connection
for only $49.00 per person.
Learning Objectives:
- Understand the relationship between separate property and the standard of value
- Identify the attributes of separate property and how they are identified in different states
- Discuss the issues surrounding tracing, commingling and transmutation of separate property
- Learn how appreciation of separate property is measured and the difference between active and passive appreciation
- Learn the traditional ways active and passive appreciation have been handled and the strengths and weaknesses of the traditional methods
- Suggest and discuss ways to better measure passive appreciation
Program Outline:
- Brief Panelist and Topic Introduction
- Panel Presentation on Active & Passive Appreciation in Divorce:
- Define and Discuss Terms: Marital & Separate Property, Active & Passive
- Frame the Issue Within the Context of Treatment Per the Statute
- Practical Examples of the Treatment of Separate Property
- Relationship Between Separate, Commingled and Transmuted Property
- Does the Treatment of Separate Property Differ in Community Property States Compared to Common Law or Equitable Distribution States?
- What are Some of the Traditional Ways Passive Appreciation Has Been Measured, and What Are the Flaws?
- How is All of this Impacted by the Participation of Others?
- Does a Rising Tide Float All Boats?
- Audience and Panelist Q & A
Panel Includes:
Ashok B. Abbott is an Associate Professor of Finance at West Virginia University in Morgantown, West Virginia. He has also taught at the Graduate school of Credit and Financial Management held at Dartmouth and Stanford University.
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Jay E. Fishman, FASA, CBA, is a Managing Director of Financial Research Associates and has been actively engaged in the appraisal profession since 1974. He specializes in the valuations of business enterprises and their intangible assets including: patents, trademarks, customer lists, goodwill, and going concern. Mr. Fishman has co-authored several books including Guide to Business Valuations (with Shannon Pratt), and written numerous articles on business valuations as well as qualifying as an expert witness and providing testimony in twelve states. He has taught courses on business valuation to numerous groups throughout the world, including groups in Russia and The Peoples’ Republic of China. He holds a bachelor’s and master’s degree from Temple University as well as an M.B.A. from LaSalle University. Mr. Fishman is a Fellow of the American Society of Appraisers, a former Chairman of the Business Valuation Committee of the American Society of Appraisers, Accredited Senior Member of the Institute of Business Appraisers, Inc. and formerly a Trustee of the Appraisal Foundation. Jay has taught courses on business valuation to government and professional organizations, including the Internal Revenue Service, the National Judicial College, the American Society of Appraisers, the American Institute of Certified Public Accountants and on behalf of the World Bank in St. Petersburg, Russia. Jay has testified on numerous occasions and has been the court-appointed expert in a number of state and federal courts. He has also served as an impartial arbitrator in a number of proceedings. A prolific writer, Jay Fishman co-authored the highly acclaimed textbooks Guide to BusinessValuations and Guide to Canadian Business Valuations and developed the course, “Data Research and the Market Approach To Valuation” for the Business Valuation Certificate of Educational Achievement program co-sponsored by the Illinois CPA Foundation and the AICPA. His published articles have appeared in Valuation, Fair share, Venture Capital Timesaver, and Closely Held Business Ideas. |
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William J. Morrison, CPA/ABV, is the president of Morrison & Company, a forensic accounting firm located in Paramus, New Jersey. He is a CPA licensed in New Jersey and Florida with over 30 years experience as an investigator, forensic accountant, and business valuator. He is accredited in Business Valuation (ABV) by the American Institute Certified Public Accountants. Mr. Morrison has been appointed as an expert for the federal and state courts in New Jersey in over one thousand matters as a forensic accountant, valuation expert, and mediator. He has provided expert witness services in complex civil and criminal matters involving stockholder oppression, high net worth divorces, and economic damage claims, among others. Mr. Morrison and Morrison & Company specialize in the investigation and valuation of closely held businesses. In this regard, he has investigated hundreds of businesses to determine unreported cash income as an expert for the New Jersey Chancery Courts. He has served as an expert for the Supreme Court of New Jersey to investigate Attorney Trust Account misappropriation. He has been appointed as the monitor and accountant to the monitor in federal and state court. He was appointed by the Honorable Joseph Rodriguez as the Court’s monitor in The United States v. Walsh. He has conducted investigations on behalf of the State of New Jersey and New Hampshire and four counties in New Jersey. He has served as an economic damage expert for The Record and the Star Ledger. Mr. Morrison has investigated fraud and misappropriation at hospitals and utilities. Entities he has investigated include Orange and Rockland Electric and the University of Medicine and Dentistry. Mr. Morrison served on Governor Florio’s Health Care Fraud Task Force and as Treasurer for Governor Whitman’s two campaigns for Governor. He currently serves as the financial advisor to the audit committee of Pascack Community Bank. Mr. Morrison has lectured frequently to organizations such as the New Jersey Institute of Continuing Legal Education and the New Jersey State Society of Certified Public Accountants on topics such as the maintenance of attorney trust accounts and forensic accounting. He has published numerous articles on business valuation and forensic accounting in publications such as Valuing Professional Practices and Licenses published by Aspen. He is the coauthor of Standards of Value, Theory and Application being published by Wiley in October 2006. Prior to founding Morrison & Company, he served as a Special Agent for the Federal Bureau of Investigation, as an internal auditor, and as a Certified Public Accountant. He holds a bachelor’s degree in history from Boston College and an MBA in accounting from Farleigh Dickinson University. He is a former adjunct professor at Seton Hall University where he taught a course in internal auditing. |
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Stephen James Wagner is a Certified Family Law Specialist and partner in the Sacramento law firm of Dick & Wagner, specializing in complex family law matters, including issues relating to fiduciary duties, characterization, tracings, business valuations, and support. Mr. Wagner, who entered private practice in 1975, is a Diplomate of the American College of Family Trial Attorneys and permanent faculty member of the ABA's Annual Family Law Trial Advocacy Institute (an eight-day course). He is a member of the Hall of Fame of the Association of Certified Family Law Specialists (ACFLS-2003). In 2006 he was selected the Family Law Person of the Year by the Southern California Chapter of the American Academy of Matrimonial Lawyers'. He has been a speaker for more than 150 CLE programs since 1980. Mr. Wagner is a coauthor, along with Dawn Gray, of the new LexisNexisIMatthew Bender publication, Complex Issues in California Family Law. This is a 12-volume series which is written to provide the family law bar and bench with the most in-depth analysis available of the family law issues being addressed. He is also a consultant to the LexisNexisIMatthew Bender: (1) Kirkland, Lurvey, Richmond & Wagner, California Family Law Practice and Procedure, 2nd ed.; (2) California Family Law Monthly; and (3) the California Family Law Litigation Guide-Strategy, Planning and Preparation for Depositions, Hearings and Trial. Mr. Wagner is also a Fellow of the American Academy of Matrimonial Lawyers and International Academy of Matrimonial Lawyers. Mr. Wagner has been selected for each edition of Best Lawyers in America since 1987. The Complex Issues series addresses numerous Family Law topics including:
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CPE Credit Information Earn
2 Interactive CPE Credits (Consulting Services) |
Please note: To receive CPE credit, you must fill out the post conference survey. The survey link is e-mailed to participants along with the dial-in number and registration code, normally sent two or more days prior to the conference. CPE credit only registrants will be sent the survey link via e-mail.
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