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 ...
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.
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.
Kathryn Casey, et al. (Casey I) v. George B. Brennan, et al.
The New Jersey Superior Court reversed the lower court’s valuation of a bank holding company in this dissenting shareholder action. The shareholders’ dissented to the conversion of the company from a C to an S corporation. The lower court rejected valuati ...
Control Premium Appropriate in Fair Value Determination
The New Jersey Superior Court reversed the lower court’s valuation of a bank holding company in this dissenting shareholder action.
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.
Dennis Wood v. Frank E. Best
At issue is breach of fiduciary duty in connection with the cash-out of minority shareholders in three related corporations.
Cardinal Capital Management v. Frank E. Best, Inc.
This case involves claims of breach of fiduciary duty in connection with the cash-out of the minority shareholders in several related corporations.
Entire Fairness Standard Applies to Merger
The defendants acquired control of three related companies, cashed-out the minority shareholders, and merged them into WEBCO.
Settles v. Leslie
At issue is the clamin by minority shareholders of a closely held corporation of breach of fiduciary duty by the corporation's majority shareholders, who allegedly missappropriated corporate funds.
Judicial Appraisal Exclusive Remedy for Indiana Shareholders
Plaintiffs were minority shareholders of Mi-Tech Metals Inc., an Indiana corporation.