Recently a court in Arizona rejected the use of a calculation report, but an appellate court ruled it was wrong to do so and sent the case back to the lower court. The reasoning for this decision strikes at a broader question: is calculated value admissible in court?
The courts in the past few years have been sprinkled with cases dealing with whether a discount for lack of control (DLOC) or marketability (DLOM) should be applied in the case of a shareholder buyout.
The Department of Labor (DOL) has a long history of challenging transactions involving company owners selling some or all of their interests to an ESOP. The most common challenge is to the value the trustees approved for executing the sale of company stock held by owners to the ESOP.
Hi, I am Jim Alerding, CPA/ABV. Many of you know me from my presentations and articles over the years. I have over 40 years of experience in business valuation and litigation services. I started in 1980 in the BV and testimony arenas. Since my first case was a valuation for a divorce case in which I then testified, I started in BV and Litigation Support at the same time.