Dental practice valuations get drilled in court

BVWireIssue #106-3
July 27, 2011

Over the past few months we’ve added a surprising number of cases involving the valuation of dental practices to BVLibrary and BVLaw. The courts have considered the value of goodwill, the requirements of qualifying a small dental practice ESOP, and an appraiser’s credentials and credibility in cases such as:

  • In re Marriage of Bruns, 2011 WL 237969 (Iowa App.)(Jan. 20, 2011)(unpublished):
    • Divorce court confirms value of dental practice, excluding goodwill, is midway between a broker’s value and a BV expert’s.
  • Hollen v. Commissioner, T.C. Memo. 2011-2 (U.S. Tax Ct.)(Jan. 4, 2011):
    • Tax Court confirms disqualification of small private practice ESOP for failure to qualify with certain administrative regulations, including appraisal by an "independent" and "qualified" appraiser.
  • Rhodes v. Rhodes, 2011 WL 80222 (Miss. App.)(Jan. 11, 2011):
    • Appellate court confirms "bright line" rule that all goodwill, whether enterprise or personal, is excluded from the valuation of a dental practice (and any other business) in divorce.

Be prepared to defend your value: Pre-order BVR’s Guide to Valuing Dental Practices by Stanley Pollock (National Business Valuation Group) and other top experts. Scheduled to ship in August, the Guide details the mature, multi-method process of dental practice valuation and the qualitative factors that go into the appraisal. 

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