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BV News and Trends April 2024

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

2023 Johnson/Park DLOM study is now available

The Johnson/Park empirical method to estimate a discount for lack of marketability (DLOM) has been used in several tax court cases, including the first family limited partnership (FLP) case to go to trial.

BV 2023, Year in Review: Top 10 List

The year 2023 was full of change. How have high interest rates and market volatility impacted the cost of capital and minority discounts? What were some of the top cases impacting business valuation? What does the new lease accounting standard mean for valuations? What has changed in tax regulation? In this webinar, we highlight 10 major topics that impacted business valuation in 2023 and discuss implications to valuators in the upcoming year.

BV News and Trends November 2023

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

Global BVU News and Trends November 2023

Business valuation news from a global perspective.

Valuation in Times of High Inflation

Over the past year, inflation rates as measured by the U.S. Consumer Price Index have moderated but remain well above the Federal Reserve’s long-term target rate of 2%. The Federal Reserve continues to take measures to control the elevated levels of inflation by raising interest rates and tightening monetary policy. With elevated inflation levels and high interest rates, valuation analysts continue to be challenged with incorporating these macroeconomic trends into the valuation of closely held ...

BVResearch Pro adds to its archive of the ASA’s BV Review

Among many other resources, the BVResearch Pro platform contains the full archive of the Business Valuation Review going back to 1982.

Valuation to Maximize Client Engagement and Value

This transcript focuses on key issues involved in a properly executed and planned valuation and how such a process can maximize client engagement, value, and control.

Understanding Control vs. Lack of Control and Applicable Discounts

Please join us for a refresher course on premiums and discounts related to control (or lack of it). Topics covered will include: when discounts for lack of control apply, elements of control, levels of control, what to look for in governing documents regarding the rights of non-controlling owners, developing a non-controlling value directly versus indirectly, control premiums and various sources for premiums and discounts for both operating companies and holding companies, such as Mergerstat, Partnership ...

BV News and Trends March 2023

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

New ‘Court Cases Method’ for DLOM Points Up a Conundrum

A new study analyzes court cases to determine a more legally defensible discount for lack of marketability (DLOM). But should business valuers look to court cases for “good” valuations?

BVResearch Pro adds another issue of the ASA’s BV Review

Among many other resources, the BVResearch Pro platform contains the full archive of the Business Valuation Review going back to 1982.

How to Use the Latest DLOM Study for the Johnson/Park Empirical Method

An example of how to apply the Johnson/Park empirical method, which is based on the fundamental concept of risk and reward. The annual study serves as a basis to determine how much of an increase in the rate of return is required to compensate investors for the lack of marketability of a subject interest.

BV News and Trends January 2023

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

Most States Reject Discounts in Appraisals and Oppression Cases—But There Are Important Exceptions

This article discusses, on a state-by-state basis, the rejection and acceptance of discounts for minority interest and lack of marketability in appraisals and in oppression and voluntary withdrawal cases. Discounts for lack of marketability at the shareholder level are rejected in most jurisdictions, but some states, including California and New York, still permit them.

Court sets fair value of 50% interest in realty firm

In Connecticut, a real estate firm had a shareholder agreement that allowed for an independent appraisal if one of the owners wanted out.

2022 Johnson/Park DLOM study is now available

The Johnson/Park empirical method to estimate a discount for lack of marketability (DLOM) is one of the most popular methods business appraisers use for this purpose, according to a BVR survey.

Buccieri v. New Hope Realty, Inc.

This case arose out of a dispute between the surviving family and a trustee of the founders of New Hope Realty Inc. The parties could not agree on the management and operations of New Hope Realty. On July 7, 2020, a dissolution proceeding was commenced. The defendants elected to purchase the plaintiffs’ shares. Subsequently, the parties could not agree as to the fair value of the plaintiffs’ interest. The plaintiffs asked the court to determine the value. The court held hearings including testimony from expert witnesses from both parties and determined the fair value.

Court Determines Fair Value of 50% Interest in Real Estate Company—Parties Could Not Agree on Value

This case arose out of a dispute between the surviving family and a trustee of the founders of New Hope Realty Inc. The parties could not agree on the management and operations of New Hope Realty. On July 7, 2020, a dissolution proceeding was commenced. The defendants elected to purchase the plaintiffs’ shares. Subsequently, the parties could not agree as to the fair value of the plaintiffs’ interest. The plaintiffs asked the court to determine the value. The court held hearings including testimony from expert witnesses from both parties and determined the fair value.

Valuation Considerations in High Inflationary Environments

After more than a decade of modest price increases, the U.S. Consumer Price Index increased by 9.0 percent in June 2022 which is the largest increase since January 1982, the tail end of The Great Inflation which began in 1965 and lasted for approximately 17 years. With inflation at its highest level since The Great Inflation, valuation analysts will have to consider macroeconomic factors that have not been present in the U.S. economy in over ...

BV News and Trends January 2021

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

Valuing Marketable Securities Portfolios

Given the expected reduction in the estate tax exemption, the use of privately-held marketable equity securities (MES) portfolios as a wealth transfer vehicle is likely to increase. Join Gary Gerlach to learn the ins and outs of valuing these investment vehicles. We will cover the use of multiple (free) sources of closed-end mutual fund (CEF) data and discounts and analyze and select guideline CEFs, focusing on metrics such as asset type, concentration and allocation issues ...

Letter sent to Congress regarding valuation discounts

The American Society of Appraisers and over 100 other business groups and organizations sent a letter to Rep. Neal (D-Mass.) and Rep. Wyden (D-Ore.) urging exclusion of any tax proposals that would impact family businesses and farms, such as eliminating discounts for lack of control or marketability.

A Current View of the Restricted Stock Studies and Restricted Stock Discounts

Although there is relevant evidence in some restricted stock studies that can be helpful for marketability discount determinations, comparisons with average discount observations from these studies do not provide a meaningful methodology to estimate marketability discounts. We conclude this despite the fact that too many valuation analysts continue to rely on simplistic comparisons with averages of restricted stock discounts from dated studies in their marketability discount determinations.

Comprehensive Guide for the Valuation of Family Limited Partnerships and LLCs, 6th Edition: Best Practices, Best Data Sources, Best Appraisal Reports

October 2021 Hardcover (300 pages)

Bruce A. Johnson, James R. Park, Spencer Jefferies

Partnership Profiles, Inc.

The Comprehensive Guide for the Valuation of Family Limited Partnerships, published by Partnership Profiles, includes all new updates since the 5th edition released in 2017. The book includes all of PPI's annual Partnership Re-Sale Discount Studies published from 2016-2020. This is a comprehensive update and many of the changes are based on the authors' experience handling IRS audits regarding discounts for lack of control and marketability. Learn more >>
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