Banks, Commercial
This industry comprises establishments primarily engaged in accepting demand and other deposits and making commercial, industrial, and consumer loans. Commercial banks and branches of foreign banks are included in this industry.
Estate of Kite v. Commissioner
At issue in this taxpayer action was whether the transfer of family partnership interests held by the decedent's lifetime revocable trust to her children in exchange for private annuity agreements was a disguised gift subject to gift tax.
First Case on Asset-Backed Securities Enlists Expert Loss Causation Model
Expert computer model helps prove loss causation in federal claims of fraud regarding asset-backed securities.
AIG Global Securities Lending Corp. v. BOA
Expert computer model helps prove loss causation in federal claims of fraud regarding asset-backed securities.
Financial Crisis Fallout: Wachovia/Wells Fargo Merger Challenged
Wachovia shareholder sues to enjoin merger with Wells Fargo in the midst of 2008 financial crisis, alleging breach of directors’ duties and unfair merger price.
Loose Lending Practices May Protect Appraisers
Lender attempts to sue appraisal firm after borrower (steel plant) defaults on loan, and forced liquidation is $5 million below appraised asset value.
Ehrenhaus v. Baker
Wachovia shareholder sues to enjoin merger with Wells Fargo in the midst of 2008 financial crisis, alleging breach of directors’ duties and unfair merger price.
Wells Fargo Business Credit, Inc. v. Dovebid Valuation Services, Inc.
Lender attempts to sue appraisal firm after borrower (steel plant) defaults on loan, and forced liquidation is $5 million below appraised asset value.
Must an ESOP Appraisal Consider the Company’s Potential Sale Negotiations?
Must an ESOP appraisal account for a company’s potential sale negotiations?
Kennedy v. Trustmark National Bank
Must an ESOP appraisal account for a company’s potential sale negotiations?
Cost of Replacement Capital in Mitigation Model Must Be Based on Actual, Related Transactions
Cost of replacement capital in mitigation model case must be based on actual events and not post-mitigation merger and issuance of common stock.
American Federal Bank v. United States
Cost of replacement capital in mitigation model case must be based on actual events, and not post-mitigation merger and issuance of common stock.
Arm’s-Length Merger Price Less Synergies Equals Fair Value
The issue in this case was the fair value of the shares of a bank holding company for purposes of appraisal rights following a merger.
Vernon v. Commerce Financial Corporation
Court appoints appraiser to value shares, CFC appeals interest and appraiser fees, but all points are affirmed.
Union Illinois 1995 Investment Limited Partnership v. Union Financial Group, Ltd.
This is an appraisal action in which shareholders who are all affiliated with the O’Brien family seek a determination of the fair value of their shares in Union Financial Group, Ltd. (“UFG”). The O’Brien family controlled approximately 38% of UFG’s stoc ...
Trial court errs in assigning 6% rate of return
One of the issues in this marital dissolution case was whether the trial court erred in assigning a 6% rate of return on wife's stock account. Facts The parties were married for 19 ...
Breihan v. Breihan
One of the issues in this marital dissolution case was whether the trial court erred in assigning a 6% rate of return on wife's stock account.
Estate of Smith v. Commissioner
At issue is the value of Smith's shares of stock in two companies, Jones Farm Inc., and First National Bank of Waverly, as of her death.
Court Accepts Taxpayer's 76% Discount on Farm Corporation
The estate in this case held minority interests in two companies: Jones Farm Inc. (JFI) (33% ownership of common stock) and in the First National Bank of Waverly (FNBW) (12% of common stock).
No Independent Committee Spawns 'Unfair Dealing' Claim
M.G. Bancorporation Inc. (MGB) was merged into its 91.68% stockholder parent Southwest Bancorp Inc. (SWB) in a short-form cash-out merger on Nov. 17, 1993.
In re Marriage of Evenson
At issue is the valuation of wife's Norwest stock account.
Divorce stipulation regarding stock not enforceable
One issue in this marital dissolution was the value of certain assets, including wife's stock, referred to in the couple's Limited Marital Property Agreement (LMPA) that they entered into after filing for divorce.
Nebel v. Southwest Bancorp
At issue are the plaintiff's complaints about substantive unfairness, disclosure violations, and a "wrong page" claim, based on the improper inclusion in the merger notice of a page of another state's appraisal statute.
No Independent Committee Spawns 'Unfair Dealing' Claim—Court Disallows Guideline Public Company Price Evidence
M.G. Bancorporation (MGB) was merged into its 91.68% stockholder parent Southwest Bancorp Inc. (SWB) in a short-form cash-out merger on Nov. 17, 1993.
'Excess Capital' Issue in Dissent Case
Marks Berens, minority shareholder in Marquette Bank Shakopee, was required to surrender his shares pursuant to a consolidation by the majority shareholder of the bank (a bank holding company).