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Schiro v. Schiro

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

Oral Surgeon’s Post-Divorce Reduction in Hours Worked Considered

The Michigan Court of Appeals affirmed the valuation of an interest in an oral surgery practice as a going concern where the goodwill value was computed based on the number of hours the professional performed procedures. Further, the court adopted the ass ...

Brewer Quality Homes, Inc. v. Commissioner (II)

The U.S. Court of Appeals for the Fifth Circuit affirmed the Tax Court’s determination of reasonable and deductible compensation for an owner of a Louisiana mobile home dealership. The compensation was calculated using RMA data for compensation to gross s ...

Valuation expert provides insight on Howell v. Howell - Court accepts value to owner versus fair market value

The April 1999 issue of Judges & Lawyers Business Valuation Update summarized the opinion of the trial court in Howell v. Howell , 1998 WL 972312 (Va Cir. Ct.). This is a notable e ...

Beiner, Inc. v. CIR

The U.S. Tax Court considered determined that payments made to a controlling shareholder in 1999 and 2000, which were deducted on the company’s tax returns under sec. 162, were reasonable and deductible for the 2000 tax year but not for the 1999 tax year.

Menard v. Commissioner (I)

The U.S. Tax Court determined that the amount paid by Menard, Inc. to its controlling shareholder as compensation and deducted on its 1998 Federal tax return under sec. 162 was unreasonable. In reaching this conclusion, it valued the long-term incentive c ...

Lack of Understanding of Excess Earnings Method Leads to Marital Award Reflecting Double Dipping

The issue in this marital dissolution was the perceived “double counting” of the husband’s excess earnings from his closely held corporation, Esco.

Steneken v. Steneken (I)

The issue in this marital dissolution was the perceived “double counting” of the husband’s excess earnings from his closely held corporation, Esco.

Court Accepts Analogy of Outside Board Chair for Reasonable Compensation Case

The issue in this case was whether the company could deduct amounts paid to an officer-shareholder as reasonable compensation during the tax years at issue.

Tax Court, Frustrated by Inadequate Data, Inscrutable Analyses, Bases Reasonable Compensation on RMA Ratios

The issue in this case was the reasonableness of compensation paid to the shareholder and primary officer of Brewer Quality Homes Inc. (Brewer).

E.J. Harrison and Sons, Inc. v. Commissioner

Issue is whether compensation paid to taxpayer's officer was reasonable compensation that was therefore deductible.

Brewer Quality Homes, Inc. v. Commissioner (I)

Issue is the extent to which amounts that petitioner paid to shareholder-officer are deductible as reasonable compensation under section 162(a)(1).

Court values and distributes partner's interest in enterprise goodwill of Ernst & Young

One of the issues in this marital dissolution was the value of the husband's partnership interest in the accounting firm of Ernst & Young ("E&Y"), including his interest ...

Revised Opinion on Rehearing

In the February 2002 issue, we abstracted the Dec. 10, 2001, opinion in this case. Both parties filed petitions for rehearing, which were granted. This opinion on rehearing replaces the original opinion. The only material change in the new opinion addresses when the withdrawing partner's debt to the partnership should be offset.

Bobrow v. Bobrow

One of the issues in this marital dissolution was the value of the husband's partnership interest in the accounting firm of Ernst & Young ("E&Y").

No Evidence to Support 'Going Concern Value' Adjustment

This is an appeal by the remaining partners of the trial court's findings in determining the value of the withdrawing partner's partnership interest as of the date of dissolution.

Marengo v. Bowen

NOTICE:  THIS OPINION WAS REPLACED AFTER REHEARING.  WE HAVE KEPT THE ORIGINAL OPINION HERE FOR REFERENCE AND COMPARISON PURPOSES.

Ten mistakes in valuation

In this timeless article, investment banker and M&A professional Russell Robb discusses some common mistakes in business valuations and how to avoid them. – LK 1. Not verifying the qual ...

Dividend or compensation?

Valuation and Its New Impact on the "Excess or Unreasonable Compensation" Issue , Bill Barnard , Business Valuation Review , December 2000, Vol. 19, No. 4. pp.196-200. This paper focuses on a ...

Determining the deductibility of executive compensation: Exacto Spring Corp. v. Commissioner, Hathaway, Heather

The Tax Lawyer , Summer 2000, Volume 53, Number 4 This note discusses the executive compensation test applied by the Seventh Circuit to a Section 162 corporate deduction in the Exacto Spring Corp ...

Must account for reasonable compensation in goodwill calculation

The plaintiff in this divorce proceeding, Mr. Clymer, is an attorney in Columbus, Ohio. Mr. Clymer engaged a CPA, Richard Ferguson of Ferguson Consulting , to perform a valuation of his l ...

9th Circuit Affirms Tax Court Reasonable Compensation Ruling

This decision affirms the Tax Court case abstracted in the December 1998 BVU, p. 5.

Clymer v. Clymer (II)

At issue is whether the trial court properly determined reasonable compensation in its analysis of the value of Mr. Clymer's interest in the law practice.

Reasonable compensation requires evidentiary support; 15-year court battle finally ends six-year marriage

The plaintiff in this divorce proceeding, Mr. Clymer, is an attorney in Columbus, Ohio.

LabelGraphics, Inc. v. Commissioner (II)

At issue is the determination of reasonable employee compensation for deduction as an ordinary and necessary business expense.

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