A Tennessee Appellate Court Affirms the Allowance of a DLOM and Affirms Calculations Under the Income Approach

BVLaw
Court Case Digests
August 26, 2022
2085 Distilled and Blended Liquors
312140 Distilleries
economic damages & lost profits, shareholder dissent/oppression
damages, business valuation, discount for lack of control (DLOC), discount, discount for lack of marketability (DLOM), motion in limine, trial court

Boesch v. Holeman (II)
2022 Tenn. App. LEXIS 335
US
State Court
Tennessee
Court of Appeals
Robert Parker; Renee Harwell, CPA/ABV
D. Michael Swiney; John W. McClarty; Thomas R. Frierson, II

Summary

This case revolved around the value to be paid for a one-third interest in a business partnership for a business that produces and sells flavored “moonshine” liquor. The trial court initially resolved all issues and determined that the plaintiff was entitled to the fair value of his one-third interest in the partnership. Defendant appealed, among other things, the trial court determination of value for his interest. The appellate court remanded for elimination of the discount for lack of control. On this appeal, the plaintiff disagreed with the trial court value and believed the DLOM should also be eliminated. The appellate court affirmed the trial court. The value affirmed was a conclusion of value issued in a summary report.

See Also

Boesch v. Holeman (II)

This case revolved around the value to be paid for a one-third interest in a business partnership for a business that produces and sells flavored “moonshine” liquor. The trial court initially resolved all issues and determined that the plaintiff was entitled to the fair value of his one-third interest in the partnership. Defendant appealed, among other things, the trial court determination of value for his interest. The appellate court remanded for elimination of the discount for lack of control. On this appeal, the plaintiff disagreed with the trial court value and believed the DLOM should also be eliminated. The appellate court affirmed the trial court. The value affirmed was a conclusion of value issued in a summary report.