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Tennessee Divorce Value for Plastic Surgeon Raises Some Disturbing Questions

In this Tennessee appellate divorce decision, the court affirmed the valuation of the husband’s plastic surgeon practice from the trial court.

The Two Most Prevalent Methods for Solving the Goodwill Conundrum

Remarks from a session at the AAML/BVR National Divorce Conference conducted by veteran valuers Jay Fishman (Financial Research Associates) and Ken Pia (Marcum) who were joined by attorney Thomas J. Sasser (Sasser, Cestero & Roy).

Understanding Business Valuation - 6th Edition

February 2022 Hardcover, PDF

Gary Trugman

Business Valuation Resources, LLC

In this exciting new edition of Understanding Business Valuation, Gary Trugman takes his characteristic talent for simplifying the technical and complex to even greater heights.  In his easy-to-read and understand style he covers all the bases with valuation approaches, methods, and techniques. Trugman identifies critical points in his callout notes throughout the publication.  Learn more >>

Benchmarking Identifiable Intangibles and Their Useful Lives in Business Combinations, Third Edition

August 2021 PDF, Softcover

BVR (editor)

Business Valuation Resources, LLC

Benchmark data is used to help support the allocation of intangible assets and the estimation of remaining useful lives for a purchase price allocation (PPA). Now in its third edition, Benchmarking Identifiable Intangibles and Their Useful Lives in Business Combinations delivers a compilation of reported, vetted and carefully analyzed data, particularly focused on useful lives of intangible assets as reflected in almost 16,000 purchase price allocations Learn more >>

Experts who rely on the financial definition of goodwill may face unexpected problems in the UK courts

Is goodwill an asset on the balance sheet that reflects the difference between an acquisition price and the value of what was acquired?

Pure vs. Salable Personal Goodwill: Drilling Down in Divorce Valuations

Is goodwill pure? Is it salable? It is time to drill down on everything and anything in goodwill in divorce valuations. Join Bob Dohmeyer and Peter Butler in this case study-filled webinar that will bring clarity to your next valuation. Learn why goodwill is such a mess and what frameworks and thought processes can be added to an appraiser’s toolbox.

The Fair Commission Model for Valuing Goodwill in Small Service Businesses

Hundreds of thousands of small service businesses are operating in the United States. These include accounting, tax, and bookkeeping practices; barbers and hair stylists; chiropractic, primary care, and dental practices; veterinarians; landscapers, house cleaners, and pool servicers. These businesses are small by virtue of being owned by one or a few owners who, in addition to managing the business, provide personal services directly to their clients, patients, or customers. Specialty brokerage firms often mediate equity ...

Goodwill: A Discussion and a Debate

Two of the most knowledgeable experts in the area of goodwill and personal goodwill, Alan Zipp and Jim Alerding, will cover the key issues and controversies that you want to know about. They will discuss and debate frequently asked questions on the topic, and while sometimes they will agree and sometimes they will disagree, in all cases they will attempt to inform and educate the attendees on the topic.

Active/Passive Appreciation in Divorce

Join Bill Dameworth for an in-depth discussion on the process of performing an active/passive appreciation analysis. Learn how general divorce statutory regimes across the U.S. pertain to the requirement to perform an active/passive appreciation analysis and how varying state law impacts the key elements typically required to perform a reliable analysis. Delve into a case study that covers many of the elements typically present in a complex divorce case that, depending upon the jurisdiction, require ...

European goodwill impairment down 35% in 2017

Total goodwill impairment recorded by European-listed companies in the STOXX® Europe 600 dropped 35%, to €18.5 billion, in 2017, according to the ‘2018 European Goodwill Impairment Study,’ from Duff & Phelps.

University of Bath professors document problems with goodwill in purchase price allocations

Researchers from University of Bath, working in conjunction with a team at the University of Hong Kong, find that investors underreact to high goodwill-to-sales ratios.

Valuing goodwill in divorce: State-by-state breakdown of enterprise & professional goodwill jurisprudence

Appraisers working on divorce cases know that goodwill is a fundamental concept they have to master. What makes it challenging is that divorce is a state matter and that different states adhere to different rules as to how to treat goodwill. BVR is excited to offer legal and valuation professionals a handy reference guide that includes a state-by-state breakdown of goodwill jurisprudence

For goodwill, sometimes simpler is better

In last week’s BVWire, we covered a divorce case in which the husband’s valuation expert used the multiattribute utility model (MUM) framework for separating personal and enterprise goodwill.

Dividing Goodwill: A Case Study in Active and Passive Appreciation

When a couple divorce, who gets the goodwill? Understanding how to correctly determine wealth appropriation is a “must-know” skill, but it is difficult to master. The most troubling issue with active and passive appreciation in divorce cases is applying a method based on empirical evidence and a clear common sense framework. Ashok Abbot demonstrates a methodology and supporting evidence to successfully isolate passive appreciation. Work through practice-ready examples across several industries and you’ll be sure ...

Can a nonprofessional business have personal goodwill? Arkansas court explains

Arkansas is one of the many states that differentiate between enterprise goodwill and personal goodwill. The former is marital property and divisible at divorce; the latter is not. A question that has come up in recent years is whether the owner of a nonprofessional business can claim personal goodwill whose value is excludable from the marital estate.

NJ court’s goodwill ruling comes in for harsh criticism from appellate panel

The flashpoint in a protracted New Jersey divorce proceeding was the valuation of the owner spouse's equity partner interest in a large law firm. A critical issue was whether the value of the interest should include an additional amount stemming from the firm's enterprise goodwill. The trial court's decision elicited stinging criticism from the appellate court.

WA court’s goodwill analysis looks a lot like appreciation analysis

A recent Washington state divorce case included a noteworthy discussion of goodwill where the owner spouse’s business arguably was separate property. Divorce experts will notice that the court’s goodwill analysis has much in common with an appreciation analysis.

Financial Valuation: Applications and Models, + Website, 4th Edition

April 2017 978-1-119-28660-8 Hardcover (1,296 pages)

James Hitchner

John Wiley & Sons, Inc.

Financial Valuation: Applications and Models provides authoritative reference and practical guidance on the appropriate, defensible way to prepare and present business valuations. With contributions from 30 top experts in the field, this new edition provides an essential resource for those seeking the most up-to-date guidance, with a strong emphasis on applications and models.  Learn more >>

Comments wanted on simplified MUM for personal goodwill

What do you think of this method a valuation expert and forensic accountant uses for allocating goodwill between its enterprise and personal components?

Trail income is different from personal goodwill, Tennessee court clarifies

Tennessee does not consider personal goodwill in a solo proprietorship a marital asset. But what about trail income, the money a financial planner makes from managing his or her clients’ funds and portfolios? In Fuller v. Fuller, the owner-spouse argued the goodwill analysis applied to the treatment of trail income as well. The Tennessee Court of Appeals recently disagreed.

Enterprise vs. Personal Goodwill: Case Studies With Legal Insights

Spend the afternoon with the “goodwill”-fellas in this case study-led session. Jim Alerding will guide you through the excess earning methods including potential modifications. MUM (multiattribute utility model) is the word for expert Ron Seigneur, who brings his experience and enjoyable perspective to the conversation. Harold Martin will focus on valuing the intangible assets as a potential third approach for keeping enterprise and personal goodwill on their respective turf.

Valuation of key marital asset demands expert opinion

In a Mississippi divorce, the husband's sole-owned fitness training company was the key asset. An accurate valuation was central to achieving an equitable distribution of property, but the parties did not hire experts or even submit much financial information to the trial court.

Why Bankruptcy Court declines to be bound by divorce valuation

Following the divorce, the husband filed for Chapter 13 bankruptcy and asked for confirmation of his plan. The issue was whether the plan could meet the liquidation test applicable under the Bankruptcy Code’s section 1325(a)(4). In essence, the test requires that creditors in a Chapter 13 bankruptcy receive present value payments that are at least equal to the amount the creditors would receive in a Chapter 7 case.

Florida court explores scope of active/passive appreciation

A Florida appeals court examines the issue of whether the increased value of stock from a company for which the owning spouse works can be a marital asset and subject to distribution.

Industry-specific empirical support for passive appreciation

A survey is open for respondents to indicate which industries they would like to see analyzed for economic causal factors and their elasticities in order to better determine passive appreciation in business assets in a divorce context. The resulting analyses will be published.

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