No Place for DLOM and Tax Affecting in New York Fair Value Determination

Business Valuation UpdateVol. 22 No. 5
Legal and Court Case Update
May 2016

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7991 Physical Fitness Facilities
713940 Fitness and Recreational Sports Centers
judicial dissolution
expert testimony, tax affecting, cash flow, discount for lack of marketability (DLOM), discounted cash flow (DCF), limited liability company, minority interest, pass-through entity, future income, fair value proceeding
Verghetta v. Lawlor
2016 N.Y. Misc. LEXIS 845
March 9, 2016
US
State Court
New York
Supreme Court
Bruce S. Schaeffer (plaintiff); Gary R. Trugman (defendants)
Scheinkman

Summary

In statutory fair value proceeding to enable buyout of minority interest in limited liability companies, New York court says prevailing expert opinion understates future income stream; court upward adjusts by eliminating DLOM and disallowing tax affecting ...

See Also

Verghetta v. Lawlor

Full Text of Court Cases
March 9, 2016

In statutory fair value proceeding to enable buyout of minority interest in limited liability companies, New York court says prevailing expert opinion understates future income stream; court upward adjusts by eliminating DLOM and disallowing tax affecting ...