Court Dismisses S Corp Tax Argument in Fair Value Buyout

BVLaw
Court Case Digests
January 31, 2017

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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
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

Matter of Digeser v. Flach

Full Text of Court Cases
January 31, 2017

Income approach, capitalization rate, expert testimony, valuation methods, fair value, minority oppression, statutory appraisal, S corporation, C corporation, normalization, market-based approach, comparable transactions ...

Court Dismisses S Corp Tax Argument in Fair Value Buyout

BVLaw Case Update
April 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.