Appeals Court Tiptoes Around Tax Affecting in Divorce Setting
Appeals court agrees that in valuing husband’s S corp for marital distribution “national case law” (Kessler, Bernier) supports his expert’s tax affecting but says it must defer to trial court’s decision to adopt competing expert’s position not to tax affe ...
Hamelink v. Hamelink
Appeals court agrees that in valuing husband’s S corp for marital distribution “national case law” (Kessler, Bernier) supports his expert’s tax affecting but says it must defer to trial court’s decision to adopt competing expert’s position not to tax affe ...
Trademark Damages Not Contingent on Established Royalty
District court dismisses plaintiffs’ overarching claim that a reasonable royalty was not an allowable damage theory in a trademark case, as well as its narrower claim that a royalty was available only to the plaintiff that could point to an established ro ...
ITT Corp. v. Xylem Group, LLC
District court dismisses plaintiffs’ overarching claim that a reasonable royalty was not an allowable damage theory in a trademark case, as well as its narrower claim that a royalty was available only to the plaintiff that could point to an established ro ...
Shaky market approach prevails over improper cost approach
In this marital dissolution, the issue was the value of Northwest Precision Inc., a machine manufacturing company owned by husband.
In re the Marriage of Helzer
In this marital dissolution, even though wife's expert's valuation was based on a market approach without too many good comparables, the court was entitled to rely on this approach where husband's expert presented a cost approach that was unrealistic.
Marketability discount not appropriate where comparables were also closely held companies
One issue in this marital dissolution was the fair market value of Northwest Stamping, Inc. (NSI), a closely-held S corporation.
Hanson v. Hanson
Court rejects contention of marketability discount. Expert's valuation of similar privately held companies with controlling interest was proper, comparable.
Ross v. American Iron Works
Issues were whether material issue of wrongful conduct precluded summary judgment and whether dissenting shareholder lost his right of action for failure to meeting filing deadline.
Richard Crabtree v. Metalworks & Hydra-Assembly, Inc., et al.
The Ohio Court of Appeals, 10th District, affirmed the lower court’s valuation of goodwill in a metallurgy, machining, and fabrication business in this breach of fiduciary duty case.
Normandie Metal Fabricators, Inc. v. CIR
The Tax Court applied the hypothical invetsor test to determine whether the compensation a corporation paid to its controlling shareholders was reasonable. It considered the mulit-factor test from a reasonable investor's point of view. In doing so, the c ...
Hypothetical Investor Test Used to Determine Officers’ Reasonable Compensation
The Tax Court applied the hypothical invetsor test to determine whether the compensation a corporation paid to its controlling shareholders was reasonable.
Marketability discount appropriate where no ready market exists
The issue in this marriage dissolution case is whether a marketability discount should be applied in determining the valuation of the common stock of the family business.
Marketability discount appropriate for 100% interest valuation
The issue in this marriage dissolution case is whether a marketability discount should be applied in determining the value of the common stock of the family business. Husband owned all of ...
Ferguson v. Ferguson
At issue is the marketability discount applied to the valuation of the husband's interest in a manufacturing business.