Spady v. Spady
Appellate court holds that valuation date must bear a “rational relationship” to the assets being valued, and confirms no value for the auto dealership in this case, based on standard appraisal practice to round negative values to zero.
Van Camp Formula Applied to Value Community Interest inSeparate Property Business at Zero
The California Court of Appeals, Sixth District affirmed the lower court’s application of the Van Camp apportionment formula to conclude that the there was no community interest in the appreciation of a separate property business. In reaching this decisio ...
Yelverton v. Yelverton
Mississippi Supreme Court confirms exclusion of goodwill from valuation of car dealership.
Goodwill Value Must Be Proven to the Trial Court
The Iowa Court of Appeals affirmed the valuation of a consulting business at the stipulated value of its assets. The court rejected the wife’s claim that the lower court erred in failing to assign a value to the business’s goodwill. It denied the claim be ...
In re the Marriage of Mary Ling Viviano v. John Dennis Viviano
The Iowa Court of Appeals affirmed the valuation of a consulting business at the stipulated value of its assets. The court rejected the wife’s claim that the lower court erred in failing to assign a value to the business’s goodwill. It denied the claim be ...
In re the Marriage of Terrence P. Melcher v. Jacqueline C. Melcher
The California Court of Appeals, Sixth District affirmed the lower court’s application of the Van Camp apportionment formula to conclude that the there was no community interest in the appreciation of a separate property business. In reaching this decisio ...
Patricia A. Schade v. Jack E. Gethman
The Iowa Court of Appeals adopted the independent expert’s opinion as to the officer’s compensation over the corporate accountant’s opinion in this trust accounting matter. It based its decision as to officer compensation on consideration of the different ...
Reasonable Compensation for Officer of Real Estate Business
The Iowa Court of Appeals adopted the independent expert’s opinion as to the officer’s compensation over the corporate accountant’s opinion in this trust accounting matter.
Bero Motors, Inc. v. General Motors Corporation
The Michigan Court of Appeals concluded that a lower court did not abuse its discretion when it admitted economic experts testifying to the quantum of lost profits in this breach of contract action.
Lost Profits Award Based on Comparable Dealerships and Management Projections Affirmed
The Michigan Court of Appeals concluded that a lower court did not abuse its discretion when it admitted economic experts testifying to the quantum of lost profits in this breach of contract action.
Assumption Underlying Lost Profits Analysis Challenged as 'Net Opinion'
The New Jersey Superior Court, Appellate Division, determined that an accountant’s lost profits estimate was not a net opinion where the approach used was adequately supported by reference to accounting and industry standards. Rather, it found that the as ...
Fairway Dodge, Inc. v. Decker Dodge, Inc.
The New Jersey Superior Court, Appellate Division, determined that an accountant’s lost profits estimate was not a net opinion where the approach used was adequately supported by reference to accounting and industry standards. Rather, it found that the as ...
Elvina V. Caldas v. Carlos M. Caldas
The Ohio Court of Appeals, Second District affirmed a lower court's application of a 75 percent discount for lack of marketability to a controlling interest in a defense contract. The discount considered factors such as the key role played at the company ...
Post-Valuation Event Supports Large Discount for Lack of Marketability
The Ohio Court of Appeals, Second District affirmed a lower court's application of a 75% discount for lack of marketability to a controlling interest in a defense contract.
Nucar Consulting, Inc. v. Timothy Doyle, et al.
The Delaware Court of Chancery determined the quantum of damages in this misappropriation of a trade secrets case using an unjust enrichment theory. It limited the recovery to the profits earned over a two-year period because the evidence showed that it w ...
Damage Period Measured by Amount of Time Required to Legally Build a Comparable Customer List
The Delaware Court of Chancery determined the quantum of damages in this misappropriation of a trade secrets case using an unjust enrichment theory. It limited the recovery to the profits earned over a two-year period because the evidence showed that it w ...
9th Circuit Affirms Tax Court; Noncompete Must Be Amortized Over 15 Years, Not Life of Agreement
Redemption was an “acquisition” within the meaning of IRC section 197 because Frontier regained possession and control over 75% of its stock.
Strong v. Vestevich
Appellant agreed on record and under oath to voluntarily waive the opportunity for discovery and accept husband's valuation of his GM dealership at trial.
Damages Based on Inconsistent Testimony
Kraatz sued Heritage Imports for wrongful termination.
Brian Andreas v. Volkswagen of America, Inc.
The U.S. Court of Appeals for the Eighth Circuit determined that a copyright infringer’s profits could be recovered by the copyright holder for indirect infringement to the extent that the infringer benefited from the infringement. Volkswagen’s advertisin ...
Frontier Chevrolet Co. v. Commissioner
Issue is whether company's redemption of 75% of its stock was an “acquisition” within the meaning of IRC section 197, and whether the covenant not to compete needed to be amortized.
Kraatz v. Heritage Imports
Issue was damages where employment agreement entitled plaintiff to 15% of the value of Heritage's stock in excess of $2.5 million, in the event of wrongful termination.
Estate Fails to Meet 2036(a) Requirements; Partnership's Assets Included in Gross Estate
After decedent's death, her estate filed returns listing the value of decedent's 99% partnership interest as $1.257 million.
Dillon v. Montgomery
Suit for breach of a stock purchase agreement involving an automobile dealership.
Failure to Value Goodwill Was Error, Minority Discount Affirmed
The issue in this case was the valuation of wife's 10.5% interest in her family's auto dealership, which she had received as a gift. Wife also held an interest in the capital account of the ...