BV News and Trends February 2022
A monthly roundup of key developments of interest to business valuation experts.
The Nelson Tax Court case ‘has it all’
An appellate court recently affirmed the Nelson Tax Court case, which “has it all” in terms of valuation issues, said Barry Sziklay (Friedman LLP) in his session at the New Jersey CPA Society’s Business Valuation and Litigation Services Conference.
Nelson v Commr.
Taxpayer appealed a Tax Court ruling that she gifted a percentage of partnership interests and not a fixed amount of value. As a result, when the IRS determined the FMV of those interests, the Taxpayer was left with a gift tax deficiency.
Court of Appeals Upholds Tax Court—Taxpayer Gifted a Percentage of Partnership Interests, Not a Fixed Amount
Taxpayer appealed a Tax Court ruling that she gifted a percentage of partnership interests and not a fixed amount of value. As a result, when the IRS determined the FMV of those interests, the Taxpayer was left with a gift tax deficiency.
Review and Update of BV Standards and Guidance—What You Need to Know
Valuation standards and guidance areas of business valuation are constantly expanding and being updated. The increase in business valuation worldwide has had a lot to do with this expansion, as has the increase in valuation within financial statements worldwide. Jim Alerding will explore the current status of business valuation standards and other guidance documents, including new standards and new areas of discussion and guidance concerning business valuation. The program will provide the attendee with information ...
Court Finds ESOP Trustee’s Insurance Excludes Coverage for Defense Against DOL’s ERISA Claims
In bifurcated ESOP litigation centering on ERISA violations, court finds trustee defendants’ professional liability policy expressly excluded coverage for ERISA claims; under language of policy, insurer is not required to defend or indemnify trustee defendants fighting DOL’s ERISA allegations.
Gemini Ins. Co. v. Potts
In bifurcated ESOP litigation centering on ERISA violations, court finds trustee defendants’ professional liability policy expressly excluded coverage for ERISA claims; under language of policy, insurer is not required to defend or indemnify trustee defendants fighting DOL’s ERISA allegations.
Novel issue of law raised in ESOP case that pits trustee against appraiser
A fairly routine ESOP case that is being litigated in the 4th Circuit has raised a novel legal issue in this jurisdiction as to the financial liability of co-fiduciaries and nonfiduciaries, including the ESOP appraiser.
Remy v. Lubbock Nat’l Bank
In ESOP case, court finds ERISA provides for right to contribution among co-fiduciaries but finds trustee defendant has no right to contribution from nonfiduciary ESOP appraiser if trustee were found liable to ESOP for losses; court dismisses third-party complaint against ESOP appraiser.
Trustee’s Claim for Contribution Against ESOP Appraiser Collapses
In ESOP case, court finds ERISA provides for right to contribution among co-fiduciaries but finds trustee defendant has no right to contribution from nonfiduciary ESOP appraiser if trustee were found liable to ESOP for losses; court dismisses third-party complaint against ESOP appraiser.
USPAP board needs qualified BV members
If you might ever consider serving on the Appraisal Standards Board (ASB) of The Appraisal Foundation, now is the time. Kramer completing ASB term Yale Kramer, currently the only BV person on the ...
Second USPAP exposure draft due to be released in mid-June -- Written comments due in 70 days; August 15 deadline for applications for ASB, AQB, Board of Trustees
Because of the importance of USPAP to the business appraisal profession, I'm devoting our lead article space this issue to proposed USPAP revisions and related Appraisal Foundation matters. I urge a ...
Appraisal Foundation testimony at hearing calls for diversity
Direct representation on the parts of the appraisal disciplines affected was the virtually unanimous theme of testimony of a hearing May 2 on the size and composition of the Appraisal Foundat ...
New Appraisal Foundation Industry Advisory Council names Lee Hackett chairman; Council to meet June 24; July 15 is deadline for ASB and AQB applications
The newly-formed Appraisal Foundation Industry Advisory Council, composed of for-profit companies that are preparers and users of appraisals, held a lively three-hour organizational meeting in Alexand ...