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Tax Court Examines Charitable Deduction

Tax Court denies charitable deductions for donation of intangible goodwill from taxpayers’ medical practices to newly formed healthcare corporation.

Pellom v. Pellom

Challenge to medical practice valuation focuses on physician productivity, goodwill, benchmark data, and normalized earnings adjustment.

Does Buy-Sell Agreement Trump Statutory Shareholder Remedies?

Court considers whether a buy-sell agreement can “bargain away” statutory remedies available to minority shareholders in oppression cases.

Tax Court Rejects Appraisal of Donated Stock for Incorrect Premise of Value

Tax Court approves 64% combined discounts (advocated by IRS) for valuing medical service corporation slated for conversion to a nonprofit.

Kortum v. Johnson

Court considers whether a buy-sell agreement can “bargain away” statutory remedies available to minority shareholders in oppression cases.

Bergquist v. Commissioner of Internal Revenue

Tax Court approves 64% combined discounts (advocated by IRS) for valuing medical service corporation slated for conversion to a non-profit.

Lack of Independent Business Valuation Affects Viability of Fraud Claims

Failure to obtain an independent valuation of medical business costs plaintiff in the long-run.

Lusins v. Cohen

Failure to obtain an independent valuation of medical business costs plaintiff in the long-run.

Derby v. Commissioner

Tax Court denies charitable deductions for donation of intangible goodwill from taxpayers’ medical practices to newly formed healthcare corporation.

Divorce Court Rules Wife Lacks Standing to Contest Buy-Sell Value

Court accepts buy-sell value for husband’s interest in a healthcare partnership where wife fails to offer expert business appraisal.

Court Erred by Excluding Value of Noncompete From Enterprise Goodwill

Trial court erred by excluding the value of a non-compete attributable to the institutional goodwill of surgical practice.

Nevarez v. Nevarez

Court accepts buy-sell value for husband’s interest in a healthcare partnership where wife fails to offer expert business appraisal.

In re Marriage of Baker

Trial court erred by excluding the value of a noncompete attributable to the institutional goodwill of surgical practice.

Personal Goodwill Excluded From Value of Professional Practice

The Indiana Supreme Court ruled that the value of the enterprise goodwill of the husband's medical practice may be considered when determining the value of the practice for the purposes of a divorce. However, the court also ruled that the personal goodwi ...

Fraud-Infected Hospital Merits ‘Tax Affecting,’ High Risk Premium, and More

Solvency valuation of fraud-riddled hospital warrants tax affecting, high company-specific risk, and more from Illinois bankruptcy court.

What Happens When a Litigious Client Turns on the Appraiser

Doctor sues appraisal firm for allegedly flawed valuation of practice goodwill, having already lost these claims in arbitration and on appeal.

Three New Cases Examine Valuation of Goodwill In Medical Practices

Goodwill valuation continues to cause legal headaches, as three more cases this month (in addition to the Stewart decision ) dissect the issue, all in the context of medical practices. The first considers applying the rule regarding valuing goodwill in m ...

Idaho Supreme Court Considers Distinguishing Personal and Enterprise Goodwill

Idaho declines to make the distinction between enterprise and personal goodwill in valuing a professional practice in divorce, holding all goodwill is marital property.

Key to Reasonable Compensation: Relate the Surveys to the Specific Professional

In reasonable compensation case, trial court discredits salary surveys not sufficiently “fine-tuned” to area and type of practice of the subject practitioner.

Davison v Margolin Winer & Evans

Plaintiff Edward T. Davison, MD and Scott J. Ratner, MD were each 50% shareholders in Edward T. Davison and Ratner entered into a series of shareholder agreemeents, the last one of which was dated June 1996.

Doctors Hospital of Hyde Park, Inc. v. Desnick et al.

This adversary case relates to the Chapter 11 bankruptcy case filed by Chapter 11 Trustee for Debtor Doctors Hospital of Hyde Park Inc. (“Doctors Hospital” or “Trustee”). The Adversary Complaint pleaded a total of 28 counts (“Complaint”).

Nowzaradan v. Nowzaradan

By following state standard of valuing goodwill in divorce, appraisers built a solid record of medical practice valuation, confirmed on appeal.

Keane v. Lowcountry Pediatrics

South Carolina court considers applying standard of goodwill valuation in marital dissolutions to partnership dissolutions.

Stewart v. Stewart

Idaho declines to make the distinction between enterprise and personal goodwill in valuing a professional practice in divorce, holding all goodwill is marital property.

‘Multiattribute Utility Model’ Accepted in Allocating Enterprise/Personal Goodwill

Court accepts “multiattribute utility model” in calculating percentages of personal and enterprise goodwill for a professional practice.

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