6 Takeaways on the Tax Cuts and Jobs Act (TCJA) and Alimony
Expert Michelle Gallagher of Adamy Valuation will lead a workshop with Kevin Yeanoplos this May at the AAML/BVR National Divorce Conference to cover the topic of the Tax Cuts and Jobs Act and alimony.
Pratt’s Stats/DealStats Market Analysis Survives Appeal by Owner Spouse
Appellate court finds no error in trial court’s adoption of market-based value determination by husband’s expert; expert acknowledged this was not the preferred method to value the small company, but company’s problematic financials and uncooperative attitude “compelled” use of this approach.
Hultz v. Kuhn
Appellate court finds no error in trial court’s adoption of market-based value determination by husband’s expert; expert acknowledged this was not the preferred method to value the small company, but company’s problematic financials and uncooperative attitude “compelled” use of this approach.
Special workshop on TCJA and divorce engagements
The Tax Cuts and Jobs Act (TCJA) affects practically everything in valuation, especially in divorce engagements.
Zausch v. Schnakenburg
Appeals court upholds trial court’s upward adjustment of father’s child support obligation based on a significant improvement in his economic circumstances; trial court followed applicable case law when calculating income related to father’s minority interests in several pass-through entities.
Indiana Court Upholds Child Support Calculation Involving Pass-Through Entities
Appeals court upholds trial court’s upward adjustment of father’s child support obligation based on a significant improvement in his economic circumstances; trial court followed applicable case law when calculating income related to father’s minority interests in several pass-through entities.
Business Valuation Update Yearbook, 2019 Edition
February 2019 PDF
BVR (editor)
Business Valuation Resources, LLC
Valuation experts should not practice law
One of the pieces of advice you’ll undoubtedly hear at the National Divorce Conference in Las Vegas May 8-10 is that a valuation expert should not practice law without a license.
In court, a picture is worth a thousand numbers
For an appraiser to be a good expert witness, he or she must be able to explain highly technical and complex financial concepts in a simple way.
Simplified MUM approach weathers attacks in Illinois divorce case
One of the key questions in an Illinois divorce case was how to allocate goodwill between enterprise and personal goodwill.
Lucchesi v. Lucchesi
Appeals court upholds ruling that appreciation in value of husband’s interest in family liquor business is marital asset; trial court carefully analyzed husband’s role in company to find he “substantially contributed” to the increase and husband stipulated to wife’s substantial contribution.
Tip for finding hidden assets in divorce
Parties to a divorce often play hide-and-seek with assets so the valuation expert often has to help ferret them out.
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 ...
Stephanos v. Stephanos (In re Marriage of Stephanos)
Trial court adopts goodwill value determination of wife’s expert (residual method) as well as expert’s finding that none of goodwill in family business is personal to owner spouse; business’s success was not dependent on owner’s continued presence or his execution of a noncompete, court says.
Divorce Court Finds No Personal Goodwill Value in Single-Owner Business
Trial court adopts goodwill value determination of wife’s expert (residual method) as well as expert’s finding that none of goodwill in family business is personal to owner spouse; business’s success was not dependent on owner’s continued presence or his execution of a noncompete, court says.
Louisiana Courts Wrestle With Treatment of Debt in Community Property Valuation
In community property partition case, appeals court upholds valuation of community-owned firm; firm is not responsible for debts of an acquired company that are personally guaranteed by husband but not by express corporate contract; valuation must not subtract debt amount.
Henry v. Henry
In community property partition case, appeals court upholds valuation of community-owned firm; firm is not responsible for debts of an acquired company that are personally guaranteed by husband but not by express corporate contract; valuation must not subtract debt amount.
Split high court rules on classification of earnout payment in divorce dispute
The parties’ dispute over how to classify earnout payments related to the sale of a valuable marital asset recently prompted a split ruling from the Minnesota Supreme Court. The issue was whether those payments were part of the sales consideration, as the wife argued, or represented future compensation to the husband, as the district court found.
Contentious ruling from Minnesota high court on dealing with earnout payments in divorce
In an important ruling, a divided Minnesota Supreme Court recently ruled on whether earnout payments related to the sale of the husband’s interest in a lucrative company were a marital asset.
Divorce and Valuation: 15 Issues for Cross-Examination
The world of valuation is a complex discipline where seemingly minor errors can result in significant swings in value. Join Sean Saari and Rob Ranallo to learn about the most common errors made when valuing businesses and how to correctly address these issues. Not only will you gain insight into how to improve your own valuation analyses, but you will also learn what to look for when reviewing opposing experts’ reports.
More on the alimony deduction
Our coverage of the recent AICPA Forensic & Valuation Services Conference sparked a few comments from readers concerning the elimination of the tax deduction for alimony that becomes effective December 31.
Persaud v. Goad
Court affirms divorce valuations for mixed real estate and business assets; even if trial court erred in stating negative value for business that generated no income but carried high annual costs, the error was harmless where court reframed decision as one of fairness rather than finances.
Mix of Real Estate and Business Assets Poses Valuation Challenges for Courts
Court affirms divorce valuations for mixed real estate and business assets; even if trial court erred in stating negative value for business that generated no income but carried high annual costs, the error was harmless where court reframed decision as one of fairness rather than finances.
Divided High Court Says Earn-Out Payments From Company Sale Are a Marital Asset
Earn-out payments related to sale of a marital asset were marital asset and subject to equitable distribution, Supreme Court’s majority says, even though value of the payments was uncertain as of the valuation date and the sale of the husband’s company took place after the valuation date.