Goodwill Determination Turns on Classification of Auction Business
Appeals court affirms trial court’s finding that all the goodwill in husband’s auction business is nontransferable where the husband is the only licensed auctioneer and the sole shareholder of the company and allows for expansion of concept of profession.
What Rationale for Net Book Value in Damages Analysis?
Appeals court finds trial court did not err when it incorporated net book value calculation in its lost profits analysis in a case claiming breach of fiduciary duty and usurpation of business opportunity; dissent says damages calculation is “illogical.”
McCarter v. McCarter
Appeals court affirms trial court’s finding that all the goodwill in husband’s auction business is nontransferable where the husband is the only licensed auctioneer and the sole shareholder of the company and allows for expansion of concept of profession.
‘Blurred’ Solvency Analysis Diminishes Expert’s Credibility
Bankruptcy court finds expert’s analysis “blurred the line” between going concern and liquidation value, detracting from opinion’s credibility; but court approves of expert’s “precise” time frame for capturing data with which to determine solvency.
Lane v. Lampkin (I)
Appeals court finds trial court did not err when it incorporated net book value calculation in its lost profits analysis in a case claiming breach of fiduciary duty and usurpation of business opportunity; dissent says damages calculation is “illogical.”
Court Affirms ‘Market Valuation Assessment’ of Family Businesses
Expert’s “market valuation assessment” to estimate sale price of husband’s two businesses satisfies principles for valuation of closely held company, says appeals court; case law looks to IRS Revenue Ruling 59-60, but disfavors use of book value.
Stadtmueller v. Fitzgerald (In re Epic Cycle Interactive, Inc.)
Bankruptcy court finds expert’s analysis “blurred the line” between going concern and liquidation value, detracting from opinion’s credibility; but court approves of expert’s “precise” time frame for capturing data with which to determine solvency.
Prevost v. Prevost
Expert’s “market valuation assessment” to estimate sale price of husband’s two businesses satisfies principles for valuation of closely held company, says appeals court; case law looks to IRS Revenue Ruling 59-60, but disfavors use of book value.
Expert’s Disregard of ASB Guidelines Imperils Valuation
Appellate court affirms earlier finding that plaintiff expert’s valuation of plaintiff’s partnership interest did not comport with goodwill requirement of a controlling agreement; the expert failed to use a standard, reliable method that showed there was ...
Vega v. Fulcrum Energy, LLC
Appellate court affirms earlier finding that plaintiff expert’s valuation of plaintiff’s partnership interest did not comport with goodwill requirement of a controlling agreement; the expert failed to use a standard, reliable method that showed there was ...
Waller v. Pidgeon
Insolvency of hedge funds turns on book value versus "fair valuation" of debts.
Enterprise Goodwill Disallowed If Based on Nonsolicitation Agreement
The issue in this marital dissolution case was whether the trial court correctly included enterprise goodwill in valuing husband’s insurance agency, Joseph Held Co.
Book Value, Not Market Value, Determines Essential Reliance Damages
In this extensive case, one of the myriad issues was whether Transcapital Financial Corporation’s essential reliance interest should be determined by book value or market value.
Held v. Held
The issue in this marital dissolution case was whether the trial court correctly disallowed enterprise goodwill in valuing husband's insurance agency, Joseph Held Company.
Book value acceptable where other factors have been considered
In this marital dissolution, one of the issues was the correct valuation of husband’s family trucking business, comprised of three companies.
American Capital Corporation v. United States
In this extensive case arising from the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act, Pub. L. No. 101-73, 103 Stat. 183 (1989) (FIRREA) in response to the savings and loan crisis of the 80's, involving a breach of contract ...
In re the Marriage of Walbon
In this marital dissolution, one of the issues was the correct valuation of husband's family trucking business, comprised of three companies.
Shareholder Agreement Using Par Value Enforced
Timothy Strickland was a former employee and shareholder of CADD Centers of Florida Inc.
CADD Centers of Florida, Inc. v. Strickland
The issue in this case was the par value of a former employee and shareholder’s stock pursuant to a shareholder agreement.
FMV Formula in Agreements Requires Inclusion of All Assets
One of the issues in this case was whether the trial court erred in using a book valuation method in determining share price.
Shriner v. Sheehan
One of the issues in this case was whether the trial court erred in using a book valuation method in determining share price.
Low-End Revenue Multiplier Accounts for Corporate Debts
This case involved a claim for unpaid commissions and stock buyout valuation by Jon Billigmeier, the minority owner of Concorde Marketing Inc. , against the corporation and Glenn Willing, the majority owner.
FASB provides major new opportunity for appraisers - part 2 of 2
The Financial Accounting Standards Board (FASB) issued Statements of Financial Accounting Standards (SFAS) 141 and 142 in the fall of 2001. SFAS 142 changes the accounting for goodwill from an ...
Shareholder agreement restrictions support 30% marketability discounts
The wife appealed a judgment from the trial court that valued husband's minority interest in a closely held corporation in a dissolution of marriage. Wife challenged the trial court's qualif ...
No review of personal goodwill issue due to no evidence at trial
Wife requested of review of a decree of marital dissolution with respect to the valuation of her one-third interest in a company.