Court Dismisses S Corp Tax Argument in Fair Value Buyout

Business Valuation UpdateVol. 23 No. 4
BVLaw Case Update
April 2017

Access the Full Article

This article is available with a subscription to any of these products:
Already a subscriber?  Login
This article is also available for purchase. (677 words)   Add to Cart >>
Need help? Contact us:
1-503-479-8200 ext 2 or sales@bvresources.com
1541 General Contractors-Industrial Buildings and Warehouses
236210 Industrial Building Construction
judicial dissolution
expert testimony, fair value, income approach, normalization, capitalization rate, market-based approach, statutory appraisal, c corporation, s corporation, valuation methods, minority oppression, comparable transactions method
Matter of Digeser v. Flach
2017 N.Y. Misc. LEXIS 548
January 31, 2017
US
State Court
New York
Supreme Court
Duff W. Driscoll (petitioner); Scott DeMarco (respondent)
Platkin

Summary

In statutory fair value proceeding, court adopts income-based approach reconciling key differences in expert analyses regarding historical earnings period, tax rates, and normalization for intercompany transactions; court rejects market analysis.

See Also

Court Dismisses S Corp Tax Argument in Fair Value Buyout

Court Case Digests
January 31, 2017

In statutory fair value proceeding, court adopts income-based approach reconciling key differences in expert analyses regarding historical earnings period, tax rates, and normalization for intercompany transactions; court rejects market analysis.