Calculating Fair Value, Court Uses Experts’ Income Analyses but Adjusts for Inconsistencies

BVLaw
Court Case Digests
July 17, 2020
0721 Crop Planting, Cultivating, and Protecting
115112 Soil Preparation, Planting, and Cultivating
judicial dissolution
expert testimony, fair value, income approach, asset approach, buyout, discounted cash flow (DCF), liquidation, market approach, debt

Anderson v. A & R Spraying & Trucking, Inc.
306 Neb. 484; 946 N.W.2d 435
US
State Court
Nebraska
Supreme Court of Nebraska
Lynette Pofahl (petitioner/selling shareholder); Janet Labenz (defendant/buying shareholder)
Funke

Summary

In buyout dispute over closely held corporation, State Supreme Court upholds trial court’s value determination based on income-based analyses parties’ experts presented but adjusting for inconsistencies in each opinion; asset approach was inappropriate where company would continue to operate.

See Also

Anderson v. A & R Spraying & Trucking, Inc.

In buyout dispute over closely held corporation, State Supreme Court upholds trial court’s value determination based on income-based analyses parties’ experts presented but adjusting for inconsistencies in each opinion; asset approach was inappropriate where company would continue to operate.