Richard L. Cohen v. Doris I. Cohen
The New York Supreme Court, Appellate Division, Second Department affirmed the lower court’s decision not to apply a lack of marketability discount to the value of a real property holding company. Relying on established case law, the court noted that a la ...
Marketability Discount Applies Only to Goodwill
The New York Supreme Court, Appellate Division, Second Department affirmed the lower court’s decision not to apply a lack of marketability discount to the value of a real property holding company. Relying on established case law, the court noted that a la ...
Infringement Damages Limited to Pretrial Period When Permanent Injunction Is Issued
The U.S. District Court for the Southern District of Indiana reversed a damage award for mySimon’s infringement of the “Simon” mark. The damages were determined as a percentage of mySimon’s value (determined by reference to the price CNET paid to acquire ...
Simon Property Group, L.P. v. mySimon, Inc.
The U.S. District Court for the Southern District of Indiana reversed a damage award for mySimon’s infringement of the “Simon” mark. The damages were determined as a percentage of mySimon’s value (determined by reference to the price CNET paid to acquire ...
Tax Court Determines Capital Gains Discount for Real Estate Holding Company
This issue in this estate tax matter is the fair market value of decedent's 82.76% interest in Valley Improvement Co. Inc. (VIC), a real estate holding company, as of Jan. 12, 1994.
Borgatello v. Commissioner
T.C. Memo. 200-264 UNITED STATES TAX COURT ESTATE OF CHARLES A. BORGATELLO, DECEASED, C. NORMAN BORGATELLO AND JOSEPHINE E. DONNELLY, CO-EXECUTORS, AND C. NORMAN BORGATELLO, SUCCESSOR TRUSTEE TO THE CHARLES A. BORGATELLO LIVING TRUST, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 24756-97. Filed August 18, 2000. John W. Ambrecht and Gregory Arnold, for petitioners. Donna F. Herbert, for respondent. MEMORANDUM OPINION WELLS, Chief Judge: Respondent determined a deficiency of $3,424,504 in the ...
Tax Court Allows Capital Gains Discount for Real Estate Holding Company
The issue in this estate tax matter is the fair market value of decedent's 82.76% interest in Valley Improvement Co. Inc. (VIC), a real estate holding company, as of Jan. 12, 1994.
Built-In Capital Gains Considered in Build Up of the Marketability Discount
The Tax Court valued a real estate holding company using the net asset value method.
Reliance Insurance Company v. Denton Central Appraisal District
At issue in this tax appraisal case is the appraised value of the land of a shopping center under section 42.26 of the tax code.
Joseph Aubrey Shephard v. Christine M. Shephard
The Michigan Court of Appeals affirmed the lower court's calculation of the appreciation in husband's separate property, a real estate operating company.
Amount of Appreciation Established as Change in Corporation’s Net Equity as Reported on Its Financial Statements
The Michigan Court of Appeals affirmed the lower court's calculation of the appreciation in husband's separate property, a real estate operating company.
United Jersey Bank v. Kenneth R. Kensy, et al.
The New Jersey Superior Court affirmed the lower court's decision that lender was under no obligation to the borrower to disclose an appraisal of properties to be purchased by the borrower which indicated that the properties were worth less than the purch ...
Cabot v. Cabot
At issue are whether tax consequences should be considered in valuing and distributing the parties stock investment account and the valuation of husband's interest in a commercial real estate business.
Tax Consequences Considered When Parties Borrowed Against Assets
The Vermont Supreme Court affirmed the lower court's consideration of tax consequences when valuing the parties' gross estate. The parties lived well by borrowing against a $4 million investment account; thus, avoiding any taxes due to husband's low basi ...
Partnership Valuation Focuses on Minority, Marketability Discounts
The issue is the value of one general partnership unit (out of 95) in FC Partners as of decedent's date of death, Dec. 31, 1989.
Barudin v. Commissioner
At issue is the proper date-of-death value of decedent's ownership unit in a partnership that owned real property in New York City.
'Entire Fairness' Needed for Exclusive Appraisal Remedy
Judge Jacobs denied a motion for summary judgment to dismiss a class action suit and allow plaintiffs only the appraisal remedy.
Attorney Represents Both Parties to a Transaction
Plaintiff, Mr. Schlesinger, merged his real estate company with Westminster Asset Management, a company a Mr. Lassen controlled.
Schlesinger v. Herzog
At issue is the admittance of expert testimony.
Seagraves v. Urstadt Property
At issue is the plaintiffs claim that the PUMG directors breached their fiduciary duties by engaging in unfair dealing and by violating their duty of disclosure in connection with the merger.
New York Dissenter Case Rejects Discount for Minority and Accepts Unmarketability Discount
The companies owned commercial income-producing properties.
Friedman v. Beway Realty
At issue is the valuation of petitioner's shares in nine family-owned close corporations pursuant to a transfer of all of the property into a newly formed partnership.
Estate of Berg v. Commissioner
Issues are appropriate minority and marketability discounts to be applied to petitioner's stock in a closely held real estate holding company, and underpayment penalties.
Halpern v. Halpern
One issue in this case was the valuation and inclusion of husband's shares of a closely help family company.
Estate of Andrews v. Commissioner of Internal Revenue
At issue is the date-of-death fair market value of shares of stock held by decedent in four closely held corporations.