Home Centers
This industry comprises establishments known as home centers primarily engaged in retailing a general line of new home repair and improvement materials and supplies, such as lumber, plumbing goods, electrical goods, tools, housewares, hardware, and lawn and garden supplies, with no one merchandise line predominating. The merchandise lines are normally arranged in separate departments.
Tax Court Tacitly Approves of IRS Solvency Assessment
In transferee liability case, solvency experts use gamut of valuation methods to establish when subject became insolvent; Tax Court does not endorse any one approach but appears to give nod to IRS market-based solvency analysis.
Kardash v. Commissioner (I)
In transferee liability case, solvency experts use gamut of valuation methods to establish when subject became insolvent; Tax Court does not endorse any one approach but appears to give nod to IRS market-based solvency analysis.
Can a Reasonable Royalty Ever Exceed Lost Profits?
Federal Circuit confirms that neither the infringer’s profits nor the patentee’s expected lost profits serves to cap reasonable royalty damages.
Powell v. The Home Depot U.S.A., Inc.
Federal Circuit confirms that neither the infringer’s profits nor the patentee’s expected lost profits serves to cap reasonable royalty damages.
Tax Court’s Adjustment to Reasonable Compensation ‘Dizzying and Arbitrary’
7th Circuit reverses Tax Court’s determination of reasonable compensation for CEO of third largest retail hardware chain, questioning its reliance on investor rate of return as the sole driver of a decision.
Menard v. Commissioner (II)
Seventh Circuit reverses Tax Court’s determination of reasonable compensation for CEO of third largest retail hardware chain, questioning its reliance on investor rate of return as the sole driver of a decision, and rejecting its comparison to comparable ...
Menard v. Commissioner (I)
The U.S. Tax Court determined that the amount paid by Menard, Inc. to its controlling shareholder as compensation and deducted on its 1998 Federal tax return under sec. 162 was unreasonable. In reaching this conclusion, it valued the long-term incentive c ...
Valuation Is Irrelevant to Establish Knowledge by Stranger to Indenture of Its Breach
The issue in this case was whether an acquired company was worth more or less than a loan amount an indenture’s negative pledge covered.
In re Hechinger Investment Company of Delaware, Inc.
Claim for equitable lien denied on the basis that the creditor (Chase) negotiated a loan in good faith without knowledge of the negative pledge against the company (Builder's Square).
Court upholds valuation but overturns money judgment payable immediately
The issue in this marital dissolution was the valuation and distribution of the husbands nonvoting stock in the family business, Savage Wholesale Building Materials, Inc.
In re the Marriage of McDonald
At issue is the valuation of husband's separately owned stock in a closely held family corporation.
Payson v. Payson
The Georgia Supreme Court considered the characterization of stock and stock options. The wife owned stock and stock options in Home Depot before the marriage, which were exercised during the marriage with pre-marital funds. The lower court characterized ...
Stock Appreciation Is Not Entirely Marital Property
The Georgia Supreme Court considered the characterization of stock and stock options. The wife owned stock and stock options in Home Depot before the marriage, which were exercised during the marriage with pre-marital funds. The lower court characterized ...