Embracing Subjectivity: The Illusion of Precision in BV
Nothing keeps a valuator up at night more than “squishy numbers.” Everyday someone comes up with another “objective quantitative method” that eliminates subjectivity. But guess what? Many of the methods are actually increasing the subjectivity exponentially and creating the illusion of precision. In this rip roaring session, we will shine a light on all of the subjective areas of the valuation process and learn to embrace it.
Why Analysts Should Consider the Asset Approach for Going Concerns
Weston Kirk and Robert Reilly, who are both with Willamette Management, urge analysts not to reject the asset approach for going concerns automatically. And they stress (multiple times) that the asset approach is not the same as the cost approach.
Best Practices In Developing Intangible Asset Valuations and Asset-based Approach Business Valuations (A BVR Workshop)
Most analysts are familiar with applying the income approach and the market approach to going-concern business valuation. While most valuation professionals may be familiar with applying the asset-based approach to valuing investment holding companies, many are generally not familiar with applying the asset-based approach to valuing going-concern businesses. One reason for this is most analysts are not familiar with the principles of tangible property and intangible property valuation. While some analysts are familiar with applying ...
Do BV Standards Have Any 'Value' in Court?
Do business valuation standards have any value in court? Our legal editor shares insights gleaned from several cases on just this topic.
Court addresses use of asset approach for a going concern
Many valuation experts rarely (or never) use the asset approach for an operating business.
Shining a Spotlight on Nightclub Valuation
Get ready to jump the line with this lesson on valuing bars and nightclubs with Jason Pierce and Lynton Kotzin. The entertainment venue industry is nuanced, and the pandemic changed the approach for these valuations. Hear specific examples of specialized issues, including deconstructing the revenue streams, matching the risk to the business model, properly applying transaction multiples and other benchmarks, and utilizing lessons learned from court cases. Valuation experts, financial analysts, legal counsel, industry practitioners ...
Bohac v. Benes Serv. Co.
The Nebraska District Court in this case applied discounts to its determination of fair value (FV). The Supreme Court found that the district court did not use the correct definition of fair value, resulting in discounts being applied to the estate’s shares. The Supreme Court also found that the proper premise of value was going concern and the proper methodology for value was the asset approach. The Supreme Court also allowed as a liability the deferred tax on potential future sale of assets by the corporation.
The Nebraska District Court Is Reversed in Its Determination of Fair Value
The Nebraska District Court in this case applied discounts to its determination of fair value (FV). The Supreme Court found that the district court did not use the correct definition of fair value, resulting in discounts being applied to the estate’s shares. The Supreme Court also found that the proper premise of value was going concern and the proper methodology for value was the asset approach. The Supreme Court also allowed as a liability the deferred tax on potential future sale of assets by the corporation.
Letter to the Editor: A New Development in Personal Goodwil
Remarks and comments from BVR’s legal editor on a previous article that discussed Florida’s proposed legislation to clarify the value of goodwill in the marital interest of closely held businesses.
How to Explain Personal Goodwill to a Trier of Fact for a Divorce Valuation
This is an excerpt from the author’s upcoming sixth edition of Understanding Business Valuation, which will be available from BVR in early 2022.
BV News and Trends December 2021
A monthly roundup of key developments of interest to business valuation experts.
Reminder: Preorder Trugman’s sixth edition
Understanding Business Valuation by Gary Trugman (Trugman Valuation) has been the go-to book for real-world examples on how to apply valuation theory and complex topics.
ASA conference hits the jackpot in Vegas
About 600 attendees converged—both on-site and virtually—for the American Society of Appraisers’ International Conference in Las Vegas October 24-26.
Florida’s Proposed Change to Goodwill Could Set a Precedent
The Family Law Section of the Florida Bar is proposing legislation to clarify the value of goodwill in the marital interest of closely held businesses. The authors envision that this proposed legislation could set a precedent for future family law matters throughout the United States.
Trugman talks about his new book at the ASA confab
If you visited the BVR booth at the American Society of Appraisers International Conference in Las Vegas, you would have had the chance to chat with Gary Trugman (Trugman Valuation), who was taking a break from working on the new, sixth edition of his book Understanding Business Valuation.
Trugman’s sixth edition now available for preorder
The new, sixth edition of Gary Trugman’s Understanding Business Valuation is now available for preorder for an early 2022 release.
Asset vs. income approach for valuing goodwill in Tennessee
In Tennessee, personal goodwill is not a marital asset that can be divided between the divorcing parties.
Cela v. Cela
The Appellate Court (AC) upheld the trial court’s decision to accept the value under the income approach adjusted for the exclusion of personal goodwill. The expert for the wife (business owner) had used the asset approach reasoning that all goodwill was personal. The trial court and the AC rejected that approach.
Appellate Court Upholds Decision to Use Income Approach and Reduce Personal Goodwill
The Appellate Court (AC) upheld the trial court’s decision to accept the value under the income approach adjusted for the exclusion of personal goodwill. The expert for the wife (business owner) had used the asset approach reasoning that all goodwill was personal. The trial court and the AC rejected that approach.
Business Combinations and Fair Value for Financial Reporting
Are you confused by business combinations? Join William Kennedy for this engaging session covering GAAP fair value standards and their application in business combinations. Hear a discussion of the nuances of the GAAP fair value standard and history of how it was developed as part of the GAAP-IFRS convergence project. Also learn how the valuation approaches and methods used in fair value assessment differ from valuation approaches used in a fair market value appraisal.
In Buyout Dispute, Appeals Court Finds There Was No Basis for Jury to Set Aside Appraisers’ Contractually Mandated Value Determination
In buyout dispute, appeals court reverses trial court’s judgment, finding it was based on jury’s erroneous decision to set aside a contractually mandated appraisal and provide its own buyout price; there was no indication the appraisers misinterpreted the controlling partnership agreement; court remands.
Parrish v. Schroering
In buyout dispute, appeals court reverses trial court’s judgment, finding it was based on jury’s erroneous decision to set aside a contractually mandated appraisal and provide its own buyout price; there was no indication the appraisers misinterpreted the controlling partnership agreement; court remands ...
Fair Market Value Opinions and Business Valuations for the Ambulance and EMS Industry: Help Is on the Way
The ambulance services system in the U.S. is a hodgepodge of private and public players. The private sector is highly fragmented with relatively few companies operating on a national or regional scale. Darcy Devine and Will Hamilton will focus on the opportunities and challenges for consolidators and investors in the ambulance arena, and teach what valuation methodologies work best for these companies and current market multiples for ambulance businesses. Despite their need for ambulance services ...
NICE Value! How to Deploy the Non-Marketable Investment Company Evaluation Method
When it comes to valuing minority interests in family investment entities such as family limited partnerships, business valuation professionals have not often used the income approach. However, in three recent Tax Court cases, the income approach was prominently featured, and, in one case, it was clearly the deciding factor in the court’s decision. Join William Frazier to learn about the nonmarketable investment company evaluation (NICE) method. Learn its origins, what it doesn’t replace, and how ...
Restaurant Valuation: Serving Your Clients During the Covid-19 Crisis
Few industries have been as harshly impacted by COVID-19 as the restaurant industry. Join Lynton Kotzin for an overview of the state of the restaurant industry and what the future looks like for different restaurant types. Learn the reasonableness test, value drivers, and proper application of the approaches during these volatile times. Be ready to advise and value your restaurant clients.