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Business Debt Renders Expert’s Lack of BV Credentials Inconsequential

Appeals court says trial court’s decision to admit opinion of seasoned CPA expert who was not a credentialed business valuator was not error because valuation was a “non-issue” where evidence showed the indebted company was no longer a going concern.

Witt-Bahls v. Bahls

Marital estate only has claim to increased value of stock from company for which owning spouse works if nonowning spouse can show owner’s active effort “to move the appreciation value from the nonmarital category to the marital one,” appeals court affirms ...

BVR Legal and Court Case Yearbook 2016

February 2016 Hardcover, PDF (262 pages)

BVR (editor)

Business Valuation Resources, LLC

The BVR Legal and Court Case Yearbook 2016 is essential for business appraisers and attorneys who want to stay ahead of their peers on the most important legal issues confronting business valuation. With in-depth analysis from BVR’s legal team, the lessons learned in this book help appraisers come to better and more defensible valuation conclusions. Learn more >>

Business Valuation Yearbook 2016

February 2016 Hardcover, PDF (371 pages)

BVR (editor)

Business Valuation Resources, LLC

Keep up with business valuation’s most innovative approaches and techniques, new court decisions, and regulatory and professional standards updates. BVR has you covered with the Business Valuation Update Yearbook 2016. This newest edition from the publishers of Business Valuation Update covers the year’s most groundbreaking and thought-provoking advancements Learn more >>

Service Business Valuation Triggers Double-Dip Rule

New York appellate court finds trial court’s spousal support determination violated double counting rule where expert valued husband’s solely owned engineering company based on an income approach and the business was a service business.

Berger v. Berger

Appeals court says nonexpert testimony on a real-world offer to buy owner-spouse’s company was relevant and, therefore, admissible because it provided valuation evidence based on market approach; court remands for rehearing on all valuation testimony.

South Carolina Supreme Court Makes New Law on Business Goodwill

In a first, state high court “cautiously” decides enterprise goodwill is marital property subject to equitable division and affirms that personal goodwill is not; court rejects claim that only professionals can develop personal goodwill in a business.

Court Nixes Double-Dip Claim Based on Accounts Receivable Treatment

Appeals court rejects claim that accounts receivable used in asset-based business valuation by wife’s expert are analogous to future income stream for purposes of arguing double dip in light of income determination for spousal support award.

Different Ways to Find No Claim to Enhanced Value of Nonmarital Asset

Appeals court says trial court erred in interpreting prenuptial agreement but reached correct result when it rejected wife’s claim to enhanced value of husband’s separate interest in car dealership by ruling appreciation in value was passive, not active.

BVR's Guide to Fair Value in Shareholder Dissent, Oppression, and Marital Dissolution

July 2011 978-1-935081-79-1 Hardcover, PDF (806 pages)

BVR (editor)

Business Valuation Resources, LLC

The best-selling Fair Value in Shareholder Dissent, Oppression, and Marital Dissolution guide includes relevant articles and webinar transcripts by top business valuation professionals such as Shannon Pratt, Jay Fishman, Gilbert Matthews, and Michelle Patterson. In addition, it includes a wealth of court case digests and full text court opinions, a reference chart listing the statutes in all 50 states, and much more. Learn more >>

BVR Legal and Court Case Yearbook 2015

February 2015 978-1-62150-047-6 Hardcover, PDF (262 pages)

BVR (editor)

Business Valuation Resources, LLC

The BVR Legal and Court Case Yearbook 2015 is essential for business valuation professionals and attorneys to stay current on the most important legal issues confronting the profession. The Yearbook covers marital disputes, breach of contract actions, damages, dissenting shareholder disputes, estate and gift tax cases, federal taxation, intellectual property cases, bankruptcy litigation, and more. Learn more >>

Business Valuation Update Yearbook 2015

February 2015 978-1-62150-048-3 Hardcover, PDF

BVR (editor)

Business Valuation Resources, LLC

BVR has you covered with the latest news in the business valuation profession! Get your Business Valuation Update Yearbook 2015 now to stay up to date with the most innovative approaches and techniques, leading conferences, new court decisions and changes in regulations and standards in the profession with on-the-ground reporting from valuation experts, thought-leaders and the BVR editorial team. Learn more >>

Nieman v. Nieman

Appeals court says consideration of tax consequences related to owner-spouse’s business is “too speculative” because owner has no plan to sell in near future; trial court improperly assumed current tax rates and business interests would remain constant.

In re Marriage of Johnson

Appeals court strikes divorce ruling adopting income-based valuation of enterprise value of owner’s financial services business, valuation conflicts with data from similar transaction that occurred close to valuation date and involved owner-spouse.

Expert’s Application of Asset Approach ‘Defies Common Sense’

Court rejects income approach for valuing interest in business with low bar of entry and few repeat customers; court also says asset-based valuation following Section 179 tax treatment understates true value of the company and requires upward adjustment.

Court Declines to Attribute Commercial Goodwill to Solo Practice

Appeals court affirms trial court’s ruling finding that, without noncompete from owner-spouse, under FMV standard, financial advisor’s solo practice fetches only net book value of its tangible assets; most of value lies in owner-spouse’s personal goodwill ...

BVLaw

Turn to the exclusive BVLaw collection, which includes case digests and court opinions for thousands of business valuation and damages cases that deal with economic damages, lost profits, estate and gift tax, divorce, shareholder repression, partnership dissolution, securities litigation, and more. Learn more >>

Business Valuation Update

The Business Valuation Update (BVU), a monthly newsletter with searchable online access, includes new thinking from leading professionals, detailed reports from valuation conferences, analysis of new business valuation approaches, thorough analysis of “landmark” legal cases in key business valuation issues, regulatory and standards updates, and much more. Learn more >>

Sternat v. Sternat

Appeals court says trial court’s decision to admit opinion of seasoned CPA expert who was not a credentialed business valuator was not error because valuation was a “non-issue” where evidence showed the indebted company was no longer a going concern.

Tennessee Appeals Court Straddles Goodwill Issue in Divorce

Appeals court finds enterprise goodwill is not a marital asset when the business is a sole proprietorship and orders trial court to produce a valuation of husband’s solo dental practice without “consideration of professional or enterprise goodwill.”

Husband's Roles in Company Negate Need for DLOC

Court affirms valuation of husband’s minority interest in business featuring zero DLOC where husband was key driving force behind business’s success and wielded influence and control; use of asset approach rendered double-dip theory inapplicable.

Gifford v Gifford

New York appellate court finds trial court’s spousal support determination violated double counting rule where expert valued husband’s solely owned engineering company based on an income approach and the business was a service business.

Moore v. Moore

In a first, state high court “cautiously” decides enterprise goodwill is marital property subject to equitable division and affirms that personal goodwill is not; court rejects claim that only professionals can develop personal goodwill in a business.

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