Estate of Dieringer v. Commissioner
Tax Court says executor of estate in series of post-death measures changed the value and size of decedent’s stock donation and may not claim date-of-death value of assets not actually transferred to family foundation; court affirms estate tax deficiency.
In re Trulia Stockholder Litig.
In stockholder class action, Chancery declines to approve settlement that requires plaintiffs to agree to broad release of claims in exchange for additional valuation-related information, finding it fails to meet applicable “fair and reasonable” standard.
Court Finds ‘Market Value Concept’ Requires Flexibility
Court says under Daubert a business valuator is qualified to value an investment company dealing in real estate since the company is not a piece of real estate but a business with diverse assets and finds real estate valuation is by nature “imprecise.”
Marcus v. Quattrocchi
Court says under Daubert a business valuator is qualified to value an investment company dealing in real estate since the company is not a piece of real estate but a business with diverse assets and finds real estate valuation is by nature “imprecise.”
Court Credits Expert’s Cash Flow Analysis in Solvency Determination
Bankruptcy Court credits trustee’s expert’s cash flow analysis in finding “billionaire” debtor was insolvent at the time she signed a guarantee for a $13 million loan defendant made to her son; because the transfer was fraudulent, the court sets aside the ...
Samson v. Western Capital Partners LLC (In re Blixseth)
Bankruptcy Court credits trustee’s expert’s cash flow analysis in finding “billionaire” debtor was insolvent at the time she signed a guarantee for a $13 million loan defendant made to her son; because the transfer was fraudulent, the court sets aside the ...
Wife Gambles on Valuing Husband’s Minority Interest in Real Estate LLCs
Fair market value standard requires court to consider more than just the appraised values of real estate held by the husband’s minority interest in LLCs; it requires consideration of marketability and minority discounts, plus transfer restrictions.
Indiana Considers Fair Value Standard in Divorce
Indiana appellate court considers adopting fair value standard in divorce.
Alexander v. Alexander
Indiana appellate court considers adopting fair value standard in divorce.
Brooks v. Brooks
Fair market value standard requires court to consider more than just the appraised values of real estate held by the husband’s minority interest in LLCs; it requires consideration of marketability and minority discounts, plus transfer restrictions.
Freestyle Martial Arts Corp. v. Soco
Successful lost profits analysis turns on clear evidence of lost revenue and other key assumptions.
Herbert V. Kohler v. CIR
The U.S. Tax Court determined the fair market value of a minority interest in a well-known manufacturer of kitchen and bath fixtures and accessories. The court rejected the IRS’s valuation as incredible because the expert carried no business valuation cre ...
Loss of Earning Capacity of Self-Employed Person Requires Investigation Into the Business’s Sales and Expenses
The Louisiana Court of Appeals, 3rd Circuit, affirmed the denial of past lost earnings to a self-employed person because they were inadequately documented.
Mary Jo Rupert v. Alonzo C. Rupert
The Ohio Court of Appeals, Third District affirmed the trial court’s order to liquidate a business’ assets, thus, destroying the business’ goodwill, which testimony indicated had a substantial value.
Goodwill Value Ignored When Business Is Liquidated
The Ohio Court of Appeals, 3rd District, affirmed the trial court’s order to liquidate a business’ assets, thus, destroying the business’ goodwill, which testimony indicated had a substantial value.
Owner’s Testimony of Prospective Gross Sales Is Insufficient to Establish Lost Profits
The U.S. Court of Appeals for the Federal Circuit considered a jury’s award in this fraud action involving an agreement to distribute human nutritional supplements.
Going-Concern Premise Is the Way to Value Interest of Wrongfully Departing Minority Partner Where Business Continues to Term
William Anastos, a partner in a real estate firm, sought dissolution of the partnership in contravention of the partnership agreement.
Anastos v. Sable
William Anastos, a partner in a real estate firm, sought dissolution of the partnership in contravention of the partnership agreement.
John David Smith v. United States of America
The U.S. Court of Appeals for the Fifth Circuit concluded that retirement accounts should not be discounted for potential future income taxes. It found that the income tax arising from inclusion on the beneficiaries’ taxes of the distribution as income in ...
No Discount for Future Income Taxes Permitted When Valuing Retirement Accounts
The U.S. Court of Appeals for the 5th Circuit concluded that retirement accounts should not be discounted for potential future income taxes.
Key-person discount denied for lack of credibility and cooperation
The issue in this marital dissolution was the value of the couple’s two businesses, Residential Appraisers Inc. (RAI), an appraisal company, and Concessions Inc. (CI), a food supplier.
Metro Leasing and Development Corporation v. CIR (II)
The U.S. Court of Appeals underscored that the independent investor test is but one of several factors to be considered when determining reasonable and deductible compensation under sec. 162 and is not dispositive of the issue.
Feldick v. Feldick
One issue in this marital dissolution case was the weight given to the expert's testimony.
Valuation of Multiple Real Estate Limited Partnerships as Group for Merger Purposes Results in Potential Claim by Partners
Plaintiffs were five California limited liability companies that held limited partnership interests in 14 public real estate limited partnerships (the McNeil Partnerships).
Everest Investors 8 v. McNeil Partners
The sale of assets given to McNeil Partners after the merger of limited partner's assets for higher value found to be a direct injury to limited partners, summary judgement thus barred.