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DCF Model Proves Unreliable Tool for Ascertaining Cost Basis

Court finds numerous problematic assumptions make plaintiff expert’s DCF model unreliable indicator of FMV of thrift’s branching right; without this value, plaintiff is unable to establish the right’s cost basis and support its tax refund claim.

Washington Mutual, Inc. v. United States

Court finds numerous problematic assumptions make plaintiff expert’s DCF model unreliable indicator of FMV of thrift’s branching right; without this value, plaintiff is unable to establish the right’s cost basis and support its tax refund claim.

WaMu Bankruptcy Court Credits the More ‘Complete’ Valuation

Federal bankruptcy court criticizes debtors’ valuation of its proposed reorganization for being too low and plan objectors value for being too high, ultimately crediting the debtors’ more “complete” valuation, with adjustments.

In re Washington Mutual, Inc.

Federal bankruptcy court criticizes debtors’ valuation of its proposed reorganization for being too low and plan objectors value for being too high, ultimately crediting the debtors’ more “complete” valuation, with adjustments.

Dissenting Judges Criticize Expert’s Lost Profits Calculation for Failing to Consider Lawful Factors Contributing to the Decline in Profits

The Mississippi Court of Appeals determined that lost profits damages were sufficiently proven and quantified in this business interference action based on the testimony of an economist.

Evidence of Damages in Fraud Case Considered

The Texas Court of Appeals, 1st District, reversed a jury’s damage award for fraudulent inducement involving an employment contract and a minority interest in a closely held company because the award was not supported by the evidence.

Owner’s Confusing, Handwritten Lost Profits Assessment Resulted in Directed Verdict

The Oregon Court of Appeals reversed a trial court’s dismissal of a breach of contract action, which was predicated on the insufficient proof of damages submitted by Fabrication’s owner in a confusing and handwritten statement.

Economic Expert Excluded Because His Report Was Incomplete

The U.S. District Court for the Western District of Missouri excluded an economic expert’s testimony in this breach of contract action because his report lacked adequate foundation.

Savings Bank Wins a Few, Loses a few Under a Slough of Damages Theories

On Sept. 5, 2002, the court issued a liability opinion holding that the United States, through the enactment of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), had breached an express contract with Franklin Federal Savings Bank to treat its supervisory goodwill as a regulatory capital asset amortizable over 25 years.

Franklin Federal Savings Bank v. United States

At issue are claims of damages by the plaintiffs.

Charitable deduction disallowed where stock not publicly traded

The only issue in this case was whether the petitioner (John C. Todd), who formed the Todd Family Foundation (“Foundation”), a nonprofit corporation, was entitled to charitable deductions.

Todd v. Commissioner

The only issue in this case was whether the petitioner, who formed a nonprofit corporation, was entitled to charitable deductions.

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