Motion to Exclude Banker Using DCF Method Denied
Participants in CommutAir’s Employee Stock Ownership Plan brought this ESOP litigation alleging numerous claims of breach of fiduciary duty by the trustee and others involved in the ESOP.
ASA International Appraisal Conference: Winds of Change Part 2 of 2
The ASA International Appraisal Conference held at the Marriott Waterside Hotel & Marina on July 14-16 in Tampa, Florida was anything but business as usual this year.
Redemptions of ESOP Shares Were Deductible Dividends
The question of whether the distributions to plan participants are deductible dividends depends on who owned the convertible preferred stock when the redemptions took place.
Henry v. Champlain Enterprises, Inc. (I)
In this case, a purchase for the ESOP was valued incorrectly, the IRS determining that the valuation did not take into consideration the lack of marketability due to the remaining shares ...
Boise Cascade Corp. v. United States
Issue is whether distributions to ESOP plan participants are deductible dividends.
No Evidence That Board's Financial Advisor Was Fiduciary to ESOP
This was a motion for summary judgment in connection with an action for breach of fiduciary duty to the employee stock ownership plan (ESOP) of F&G company.
Gary Lee Eckelkamp, et al. v. Dennis J. Beste, et al.
The U.S. Court of Appeals for the Eighth Circuit determined that an expert report indicating a greater valuation for ESOP purposes and showing that the directors of the ESOP were overcompensated in and of itself does not create a genuine issue of material ...
ESOP Valuation Based on Purchase Price Desired by Selling Shareholder Fails to Support Reasonably Prudent Investigation
The issue in this case was whether the defendants breached their fiduciary duties to the USCC Employee Stock Ownership Plan (ESOP) participants.
Horn v. McQueen
The issue in this case was whether the defendants breached their fiduciary duties to the USCC Employee Stock Ownership Plan (ESOP) participants.
2001 ASA International Appraisal Conference, part 2 of 2
The American Society of Appraisers annual multidisciplinary conference was held in Pittsburgh, Penn., July 23-25. The theme of the conference was "Build New Bridges into the Millennium," given that th ...
What's new online at BVLibrary.com
BVLibrary is a website designed with the business valuation professional in mind. It offers instant access to the latest business valuation research ...
Succession Planning for the Owners of the Closely-held Business
Mark B. Edwards ALI-ABA Course of Study Materials: Estate Planning for the Family Business Owner , March 2001, Volume I This practical guide to intergenerational wealth transfers of closely h ...
ESOPs Often Overlooked as a Planning Tool for Corporations and Shareholders
Kober, John A. Insights , Spring 2001 An ESOP is a plan under which the employees of a company can acquire the stock of that company. This type of contribution plan is distinguished from other ...
Recent Court Ruling Regarding Excess Compensation Paid to Officer and Trustee of ESOP Company: The Need for Fairness Opinions
Ackerman, David Insights , Spring 2001 This article discusses the case of Delta Star, Inc. v. Patton , 76 F.Supp.2d 617, 1999 U.S. Dist. LEXIS 10543 (W.D. Penn. 1999), as it illustrates the ...
HOWARD V. SHAY REDUX, Rabe, James G., CFA, ASA, and David Ackerman, Esq.Willamette Management Associates Insights, Spring 1999.
The Pacific Architects and Engineers (PA&E) ESOP, created in 1972, had no put option, as required in ESOPs established since 1986. The company's earnings were marginal, and the stock had never pai ...
Other Articles
"ASA Board of Governors Rejects Task Force Consolidation Proposal; Board Approves Alternative Proposal for Joining ASA and NAIFA," ASA Newsline, December 2000, Published monthly. (800) ASA-VALU.
Does block size affect DLOM
Has anyone ever published data indicating premiums or discounts for varying ownership percentages? For instance, has anyone produced the following chart for a privately held company?
Appraisal Firm Not Liable for Professional Malpractice; ESOP Trustee Must Prove Justified Reliance
This trial court matter arose as a result of prior litigation in which the trustee of the Kroy ESOP was found liable for breach of its fiduciary duty.
Fiduciary and Valuation Issues Arising from Eyler v. Commissioner
n FIDUCIARY AND VALUATION ISSUES ARISING FROM EYLER V. COMMISSIONER , Gould, Susan E., and Gregory K. Brown, Esq. Willamette Management Associates Insights , Spring 1999. This article is av ...
IBA presents sample appraisal reports
Business Appraisal Reports Library , Vols. I and II , The Institute of Business Appraisers, Inc. , P.O. Box 17410, Plantation, FL 33318, (800) 299-4130, members: $499 (CD only-$399), nonmember: $59 ...
Parrott v. Coopers & Lybrand, L.L.P.
At issue is the valuation of employee's stock after termination and breach of fiduciary duty by the majority shareholder.
Accountants for Company Not Liable to Terminated Employee
This accountant malpractice action arose as a result of the plaintiff's efforts to obtain a higher price for his 40,500 shares of stock of Pasadena Capital Corp., an investment advisor firm.
Tax Court Holds Sales Transactions Not Indicative of FMV
This issue in this estate tax matter was the fair market value on Sept. 7, 1993, of decedent's 366,385 shares of common stock of Hastings Books, Music & Video Inc.
Expert Qualifications Key to Court Decision
The primary issue in the ESOP litigation the Secretary of the United States Department of Labor (DOL) filed is the fair market value of the Hall Holding Co. stock the Hall Holding ESOP purchased.
Bank One Arizona v. Benchmark Valuation Consultants
At issue is the claim of professional malpractice.