Noncompete Is a Corporate Asset, for Income Tax Purposes
Federal district court finds that, when a dentist incorporates his practice, including a covenant not to compete, the subsequent sale generates professional goodwill that is a corporate asset and its value is dividend income to the dentist.
Banchefsky v. Banchefsky
Divorce court limits professional goodwill of dental practice to the value of a non-compete agreement allocated in the sale of the practice during the proceedings.
McKee v. McKee
Tennessee appellate court finds that patient records constitute professional goodwill value and are not a divisible asset in divorce.
Howard v. United States (I)
Federal district court finds that when a dentist incorporates his practice, including a covenant not to compete, the subsequent sale generates professional goodwill that is a corporate asset and its value is dividend income to the dentist.
McReath v. McReath (I)
Wisconsin appellate court holds that all salable professional and corporate goodwill in a private practice is divisible in divorce.
Dickert v. Dickert
South Carolina declines to follow majority rule on disposition of professional practice goodwill in divorce.
In re Marriage of Theurer
California Court of Appeal confirms trial courts $2.4 million valuation of orthodontic practice, including $1.9 million goodwill but excluding patient prepayments.
Kentucky Adopts Majority Rule in Distinguishing Enterprise vs. Personal Goodwill
Kentucky Supreme Court holds with majority rule that distinguishes enterprise goodwill (marital property, divisible) from personal goodwill (non-marital, non-divisible) in valuing professional practices for purposes of divorce.
Gaskill v. Robbins (II)
Kentucky Supreme Court holds with majority rule that distinguishes enterprise goodwill (marital property, divisible) from personal goodwill (non-marital, non-divisible) in valuing professional practices for purposes of divorce.
As the Nation Goes on Enterprise vs. Professional Goodwill, so Goes Maine?
Maine clarifies its position on enterprise versus personal goodwill.
Ahern v. Ahern
Maine clarifies its position on enterprise versus personal goodwill.
Three New Cases Examine Valuation of Goodwill in Medical Practices
Goodwill valuation continues to cause legal headaches, as three more cases this month (in addition to the Stewart decision ) dissect the issue, all in the context of medical practices.
Kentucky Has Opportunity to Join Majority in Distinguishing Personal vs. Enterprise Goodwill
Kentucky considers joining the majority of jurisdictions that distinguishes personal from enterprise goodwill.
Bunkers v. Bunkers
Ohio court considers joining majority rule on distinguishing enterprise from personal goodwill in valuing professional associations in divorce.
Goodwill Disallowed in Damages for Loss of Dental Practice
Court disallows loss of goodwill value in recovery for dental practice, breach of covenant not to compete.
Gaskill v. Robbins (I)
Kentucky considers joining the majority of jurisdictions that distinguishes personal from enterprise goodwill.
Dental Health Associates v. Zangeneh
Court disallows loss of goodwill value in recovery for dental practice, breach of covenant not to compete.
Productivity Adjustment Key for Private-Practice Valuations
Determination of reasonable compensation in valuation of private practice (dental) in dissolution case ...
Failure to distinguish between personal and professional goodwill leads to affirmance
One of the issues in this marital dissolution was the value of husband’s dental practice.
Schiro v. Schiro
Determination of reasonable compensation in valuation of private practice (dental) in dissolution case ...
Oral Surgeon’s Post-Divorce Reduction in Hours Worked Considered
The Michigan Court of Appeals affirmed the valuation of an interest in an oral surgery practice as a going concern where the goodwill value was computed based on the number of hours the professional performed procedures. Further, the court adopted the ass ...
Geaccone v. Geaccone
One of the issues in this marital dissolution was the value of husband's dental practice.
Personal Goodwill Excluded, Accounts Receivable Included in Professional Practice in Illinois Marital Dissolution Case
The issue in this marital dissolution was the value of husband’s dental practice and whether personal goodwill and accounts receivable should be included in that value.
Schneider v. Schneider
The issue in this marital dissolution was the value of husband’s dental practice and whether personal goodwill and accounts receivable should be included in that value.
Failure to account for personal goodwill is error
The issue in this marital dissolution was the value of wife’s orthodontic practice.