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Divorce Court Limits Professional Goodwill to Value of Noncompete

Divorce court limits professional goodwill of dental practice to the value of a non-compete agreement allocated in the sale of the practice during the proceedings.

Wisconsin Appellate Court Articulates New Standard on Division of Goodwill in Divorce

Wisconsin appellate court holds that all salable professional and corporate goodwill in a private practice is divisible in divorce.

Tennessee Court Excludes Patient Files as Professional Goodwill in Dental Practice Valuation

Tennessee appellate court finds that patient records constitute professional goodwill value and are not a divisible asset in divorce.

Noncompete Is a Corporate Asset, for Income Tax Purposes

Federal district court finds that, when a dentist incorporates his practice, including a covenant not to compete, the subsequent sale generates professional goodwill that is a corporate asset and its value is dividend income to the dentist.

Banchefsky v. Banchefsky

Divorce court limits professional goodwill of dental practice to the value of a non-compete agreement allocated in the sale of the practice during the proceedings.

McKee v. McKee

Tennessee appellate court finds that patient records constitute professional goodwill value and are not a divisible asset in divorce.

Howard v. United States (I)

Federal district court finds that when a dentist incorporates his practice, including a covenant not to compete, the subsequent sale generates professional goodwill that is a corporate asset and its value is dividend income to the dentist.

McReath v. McReath (I)

Wisconsin appellate court holds that all salable professional and corporate goodwill in a private practice is divisible in divorce.

Dickert v. Dickert

South Carolina declines to follow majority rule on disposition of professional practice goodwill in divorce.

In re Marriage of Theurer

California Court of Appeal confirms trial courts $2.4 million valuation of orthodontic practice, including $1.9 million goodwill but excluding patient prepayments.

Kentucky Adopts Majority Rule in Distinguishing Enterprise vs. Personal Goodwill

Kentucky Supreme Court holds with majority rule that distinguishes enterprise goodwill (marital property, divisible) from personal goodwill (non-marital, non-divisible) in valuing professional practices for purposes of divorce.

Gaskill v. Robbins (II)

Kentucky Supreme Court holds with majority rule that distinguishes enterprise goodwill (marital property, divisible) from personal goodwill (non-marital, non-divisible) in valuing professional practices for purposes of divorce.

As the Nation Goes on Enterprise vs. Professional Goodwill, so Goes Maine?

Maine clarifies its position on enterprise versus personal goodwill.

Ahern v. Ahern

Maine clarifies its position on enterprise versus personal goodwill.

Faulty Valuation Resulted in Successful Orthodontist Practice Valued at Zero

The California Court of Appeals, Fourth District affirmed the trial court’s valuation of an orthodontist practice at zero. At trial, the trial court appointed a forensic accountant to value the practice. The expert used the excess earnings method. The ...

In re the Marriage of Randy E. Buchmiller v. Michelle R. Buchmiller

The California Court of Appeals, Fourth District affirmed the trial court’s valuation of an orthodontist practice at zero. At trial, the trial court appointed a forensic accountant to value the practice. The expert used the excess earnings method. The ...

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.

Kentucky Has Opportunity to Join Majority in Distinguishing Personal vs. Enterprise Goodwill

Kentucky considers joining the majority of jurisdictions that distinguishes personal from enterprise goodwill.

Bunkers v. Bunkers

Ohio court considers joining majority rule on distinguishing enterprise from personal goodwill in valuing professional associations in divorce.

Goodwill Disallowed in Damages for Loss of Dental Practice

Court disallows loss of goodwill value in recovery for dental practice, breach of covenant not to compete.

Gaskill v. Robbins (I)

Kentucky considers joining the majority of jurisdictions that distinguishes personal from enterprise goodwill.

Dental Health Associates v. Zangeneh

Court disallows loss of goodwill value in recovery for dental practice, breach of covenant not to compete.

Productivity Adjustment Key for Private-Practice Valuations

Determination of reasonable compensation in valuation of private practice (dental) in dissolution case ...

Failure to distinguish between personal and professional goodwill leads to affirmance

One of the issues in this marital dissolution was the value of husband’s dental practice.

Value of Ownership Interest Based on Prevaluation Date Transaction and Owner’s Projections of Future Revenues

The Tennessee Court of Appeals reversed a lower court’s decision denying the plaintiff the value of an interest in the defendant because the value was too speculative in this breach of contract action.

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