Business Valuation Ethics
With valuation standards issued by AICPA, NACVA, ASA, and USPAP 2020-2021, it is easy to see how complying can be complex. Join Scott Saltzman to obtain a better understanding of the valuation standards that are applicable to you and those that may be applicable to an opposing expert. Any engagement can turn into a litigation matter so making sure you are crafting a complete compliant and competent report in accordance with your professional standards is ...
Manipulation of Valuation of Bequeathed Stock Sinks Charitable Contribution Claim
Tax Court says executor of estate in series of post-death measures changed the value and size of decedent’s stock donation and may not claim date-of-death value of assets not actually transferred to family foundation; court affirms estate tax deficiency.
In Unusual ESOP Case, 5th Circuit Validates FMV Computation
5th Circuit upholds district court’s liability and remedy findings in ESOP case; lower court’s weighting and averaging of valuation results offered by parties’ experts to compute amount of overpayment “was founded in established valuation methodology.”
5th Circuit backs district court's fair market value determination in ESOP dispute
The district court's determination of overpayment was a function of the contract price and the stock’s fair market value on each of three transaction dates. For its FMV determination, the court considered the testimony of three noted valuation experts retained by the plaintiffs, the DOL, and the defendants respectively. Different experts used different methods, different assumptions, different estimates, and they reached different conclusions. But they all used multiple approaches to produce several FMV estimates on the transaction dates. To arrive at a final value determination, or range of values, they all averaged or weighted the results.
Perez v. Bruister (II)
5th Circuit upholds district court’s liability and remedy findings in ESOP case; lower court’s weighting and averaging of valuation results offered by parties’ experts to compute amount of overpayment “was founded in established valuation methodology.”
Estate of Dieringer v. Commissioner
Tax Court says executor of estate in series of post-death measures changed the value and size of decedent’s stock donation and may not claim date-of-death value of assets not actually transferred to family foundation; court affirms estate tax deficiency.
Corwin v. KKR Fin. Holdings LLC
Regarding breach of fiduciary duty claims, Delaware Supreme Court says business judgment rule (lower standard of review) applies where disinterested stockholder majority approves merger with third party and vote was uncoerced and fully informed.
Averaging Multiple Appraisals Yields Most Reliable FMV
In ESOP case, court finds trustees unreasonably relied on appraiser’s valuations and overpaid for company stock; court credits parties’ three experts equally and arrives at fair market value by averaging results from experts’ multiple calculations.
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.”
Perez v. Bruister (I)
In ESOP case, court finds trustees unreasonably relied on appraiser’s valuations and overpaid for company stock; court credits parties’ three experts equally and arrives at fair market value by averaging results from experts’ multiple calculations.
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.”
In re Rural Metro Corp. Stockholders Litigation
Financial advisor aided and abetted directors’ breach of fiduciary duty by causing ill-timed, below-fair-value sale of the company based on manipulated valuation analysis, including false and material information related to precedent transaction analyses.
Court Finds Postnuptual Agreement Valid
The issue in this marital dissolution case is the validity of the postnuptial agreement by which parties agreed to keep their incomes and debts separate.
In re the Marriage of Friedman
Postnuptial agreement found valid and enforceable despite increase in value of husband's separate business.
The Handbook for Divorce Valuations
The Handbook for Divorce Valuations is written by CPAs primarily for CPAs who engage in business valuations for divorce cases. It also provides attorneys with a useful tool.
Hone your divorce litigation skills
The Handbook for Divorce Valuations , Kleeman, Robert E., Jr., R. James Alerding, and Benjamin D. Miller, John Wiley & Sons, Inc . Available from Business Valuation Resources, 7412 SW B ...
In re John Joseph Edwards
At issue is breach of fiduciary duty by the trustee in regards to the sale price.
In re John Joseph Edwards
The main issue in this bankruptcy case (third and final opinion on the matter) is the objection of debtor, Edwards, to the disposition of his assets by the Chapter 7 Trustee.
Attorney Represents Both Parties to a Transaction
Plaintiff, Mr. Schlesinger, merged his real estate company with Westminster Asset Management, a company a Mr. Lassen controlled.
Schlesinger v. Herzog
At issue is the admittance of expert testimony.