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BV News and Trends October 2021

A monthly roundup of key developments of interest to business valuation experts.

Two state CPA societies host BV events this month

Some state CPA societies organize business valuation conferences, and two of them are coming up later this month.

New rules for FMV in healthcare should dull DOJ’s sword

The Department of Justice has taken an aggressive stance in fraud and abuse cases involving the measurement of fair market value of physician compensation.

Check out the NJCPA’s annual BV conference September 21

The Biden tax proposals, physician compensation, cannabis, and SPACs are some of the cutting-edge topics you’ll hear about at this year’s Business Valuation and Litigation Services Conference, hosted by the New Jersey Society of CPAs.

New Ballgame for FMV in Healthcare Under Final CMS Rules

The valuation profession is now in the driver’s seat with respect to the definition of fair market value for healthcare regulatory purposes. The game changer is in the final rules from the Centers for Medicare & Medicaid Services (CMS) related to the Stark Law. There is also a call for papers.

Physician Compensation and COVID-19: Then and Now and Now What?

PYA’s Kathryn Taylor, CPA/ABV, ASA, MBA (consulting senior manager), and Justin Conant (consulting senior staff) will be presenting Physician Compensation and COVID-19: Then and Now and Now What. In this 100-minute session, Kathryn and Justin will review what physician compensation was like before COVID-19 and how it changed during the pandemic. Next, we will look into the future and explain where physician compensation and physician arrangements are headed. Kathryn and Justin will go through topics ...

Federal Tax Litigation, Expert Witnesses, and the IRS

Michael Gregory will address key rules for federal expert witnesses, valuation issues with the IRS, identify key recent BV federal cases, and introduce you to what to expect in 2022. This session will also share information you need from a business valuer that mediates, negotiates, and facilitates alternative dispute resolution to give clients timely closure with significant savings with the IRS and others. After this session you will be able to: reference key federal statutes ...

Call for papers: New Stark regs and healthcare valuation

We here at BVR are putting together a special report on the revised definition of fair market value (FMV) for the Stark regulations.

Dipak Patel v. Siddhi Hospitality, LLC

This case dealt with compensation for a partner’s 25% interest in a business after he was expelled from the business. The appellate court remanded the case to the trial court for a recalculation of the compensation without the inclusion of discounts for lack of control and lack of marketability. The trial court allowed those discounts on the theory that the expelled partner was to receive the fair market value of his 25% interest in the entity. The appellate court determined that the operating agreement required him to be compensated for 25% of the FMV of the assets of the LLC and not the FMV of his 25% in the LLC entity.

Oregon Appellate Court Disallows Discounts for Lack of Control and Lack of Marketability

This case dealt with compensation for a partner’s 25% interest in a business after he was expelled from the business. The appellate court remanded the case to the trial court for a recalculation of the compensation without the inclusion of discounts for lack of control and lack of marketability. The trial court allowed those discounts on the theory that the expelled partner was to receive the fair market value of his 25% interest in the entity. The appellate court determined that the operating agreement required him to be compensated for 25% of the FMV of the assets of the LLC and not the FMV of his 25% in the LLC entity.

BV News and Trends May 2021

A monthly roundup of key developments of interest to business valuation experts.

BVU News and Trends April 2021

A monthly roundup of key developments of interest to business valuation experts.

Valuing Telehealth Services

Join Todd Zigrang and Jessica L. Bailey-Wheaton for a discussion of the valuation of telehealth services in the healthcare industry. Learn the current telehealth trends and the role of telehealth in the healthcare industry. Gain an understanding of the types of telehealth services typically provided, such as clinical services, management services, and the provision of technology, and how these services may vary by healthcare industry subsector. Get expert guidance on typical valuation approaches as they ...

Tomorrow is the deadline for proposals for healthcare papers

April 15 is the deadline for proposals for papers on issues of fair market value, general market value, and commercial reasonableness under the new Stark regulations.

Deadline looms for papers on new Stark regs and healthcare valuation

April 15 is the deadline for proposals for papers on issues of fair market value, general market value, and commercial reasonableness under the new Stark regulations.

April 15 deadline for call for papers on new Stark regs and healthcare valuation

BVR is seeking proposals for papers on issues of fair market value, general market value, and commercial reasonableness under the new Stark regulations.

New association formed for healthcare compensation pros

The American Association of Provider Compensation Professionals (AAPCP) is a new nonprofit group whose members advise and lead healthcare organizations on provider compensation, contracting, planning, recruitment, retention, strategy, and, yes, valuation.

Tax Court rejects claimed deduction for management fees

The U.S. Tax Court recently agreed with the Internal Revenue Service that management fees a corporation paid to its three shareholders over a three-year period were not deductible since none of the fees were paid “purely for services” and the petitioner failed to show the fees were “ordinary, necessary, and reasonable.”

Call for papers: New Stark regs and healthcare valuation

Recent regulatory changes will have a significant impact on valuations in the healthcare sector, and BVR is developing content designed to help practitioners navigate the new rules.

Is the new CMS rule that impacts healthcare valuations now at risk?

This past December, the Centers for Medicare & Medicaid Services (CMS) released a final rule that modernizes and clarifies the regulations that implemented the Medicare physician self-referral statute (the Stark Law).

BVU News and Trends January 2021

A monthly roundup of key developments of interest to business valuation experts.

Tax Court Rejects Claimed Deduction for Management Fees

The U.S. Tax Court recently agreed with the Internal Revenue Service that management fees a corporation paid to its three shareholders over a three-year period were not deductible since none of the fees were paid “purely for services” and the petitioner failed to show the fees were “ordinary, necessary, and reasonable.” Rather, they represented disguised distributions, the court found.

Aspro, Inc. v Commissioner

The U.S. Tax Court recently agreed with the Internal Revenue Service that management fees a corporation paid to its three shareholders over a three-year period were not deductible since none of the fees were paid “purely for services” and the petitioner failed to show the fees were “ordinary, necessary, and reasonable.” Rather, they represented disguised distributions, the court found.

Power Panel: Live Expert Answers for Today’s Tough BV Questions

What is in store for 2021? While we don’t have a crystal ball, we do have the next best thing. Thought leaders Jay Fishman, Jeff Tarbell, Michelle Gallagher, and Ken Pia are on hand to answer your questions on what is changing, trends within the profession, and thought processes behind tackling tough problems. What’s more, if you send in a video of yourself asking the question, you will get free admission to the session. Use ...

Stark Differences from the Inside Out: Two Key Responders Discuss The Final Stark Regulations for FMV and Commercial Reasonableness

The Stark regulations have been updated. What has changed and how does it impact value? Mark Dietrich and Tim Smith were two major contributors of public comments to the Centers for Medicare & Medicaid (CMS) for the updated Stark regulations with over 100 pages of newly written material that was influential in the development of the final regulatory definitions for FMV and commercial reasonableness. In addition, they included over a dozen chapters from the BVR/AHLA ...

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