News Category: healthcare


Expert notes are subject to discovery, 11th Circuit says

We recently reported on a case in which annotated expert draft reports were subject to discovery notwithstanding Federal Rule of Civil Procedure 26(b)(4). Valuation professionals who frequently work on federal cases also need to know that Rule 26 does not protect expert notes and nonattorney communication, as an important 11th Circuit ruling explains. Read more >>

Activist Tax Court takes on double inclusion problem in estate and gift tax case

In an estate and gift tax case, the U.S. Tax Court recently sided with the Internal Revenue Service when the court found the value of assets transferred from the decedent to a family limited partnership was includible in the value of the decedent’s gross estate. The real surprise lay in the court's decision to propose a new way of calculating the includible amount. Read more >>

BV Movers: Walthall's win, BST's acquisition, and more milestones

Here's a roundup of the latest business valuation professional and firm news, originally published in Issue #174-5 of BVWire. Liz Moreau, a partner at Broussard Poché, headquartered in Crowley, La., has become a Certified Healthcare Financial Professional. Lougen Valenti Bookbinder & Weintraub of Amherst, N.Y., has hired Thomas Schwartz as valuation manager. Read more >>

Tax Court's Koons decision withstands appeal: DLOM ruling anchors valuation

The 11th Circuit recently affirmed a four-year-old Tax Court valuation of a revocable trust’s interest in a limited partnership. The linchpin in the valuation was the marketability discount. Read more >>

AICPA issues its first wave of CEIV credentials

The American Institute of CPAs (AICPA) has doled out its first batch of certifications for the new Certified in Entity and Intangible Valuation™ (CEIV™) credential for individuals doing fair value measurements. Read more >>

Active-passive categorization skews appreciation analysis, court finds

Valuators may think they know all there’s to know about quantifying the appreciation of nonmarital property by using the active versus passive framework. Think again. A recent Florida divorce case illustrates that the premature categorization of assets may lead to an improper valuation. Read more >>

Latest AHLA guide discusses fairness opinions, M&A, and goodwill

The AHLA Transactions Resource Guide is a free collection of articles from leading healthcare experts that discuss significant transaction issues in the healthcare industry. Some of the authors are with Duff & Phelps, VMG Health, Wipfli, and others. Read more >>

How the expert in the Amazon trademark case determined a royalty rate

In the recent Amazon Tax Court case, the IRS challenged the valuation of trademarks the company transferred to its overseas subsidiary. But Amazon prevailed, and here's an explanation of the comparable uncontrolled transaction (CUT) method its expert used to sift through thousands of transactions. Read more >>

Private firms' cost of equity estimates may surprise you

Results of the “2017 Private Capital Markets Report" from Pepperdine University Graziadio School of Business and Management. BVR is a research sponsor in Pepperdine’s efforts in developing a private cost of capital method as a legitimate alternative to looking to the public markets. Read more >>

Marked-up draft expert reports may be discoverable

Federal discovery rule 26 expressly protects draft expert reports from discovery. But experts testifying in federal court know that this protection is by no means absolute. Questions as to the scope of protection persist, and a recent discovery ruling in a patent infringement case makes clear that concern over the strength of protection is warranted. Read more >>

Another ESOP trustee in trouble over valuation

For the second time in March 2017, a court found an ESOP trustee liable for causing the plan to overpay. The most recent decision chronicles in exhaustive detail how the trustee failed the plan in terms of ensuring that no more than fair market value would be paid for the seller’s shares. Read more >>

ESOP trustee’s failure to vet valuation causes significant overpayment

Inadequate trustee performance was at the center of a recent case, featuring a nontraditional ESOP structure. The court found that, if the trustee had engaged with the underlying valuation, it would have discovered numerous weaknesses and prevented the ESOP from overpaying for the company stock. Read more >>

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