Verghetta v. Lawlor
In statutory fair value proceeding to enable buyout of minority interest in limited liability companies, New York court says prevailing expert opinion understates future income stream; court upward adjusts by eliminating DLOM and disallowing tax affecting ...
Service Business Valuation Triggers Double-Dip Rule
New York appellate court finds trial court’s spousal support determination violated double counting rule where expert valued husband’s solely owned engineering company based on an income approach and the business was a service business.
Court Nixes Double-Dip Claim Based on Accounts Receivable Treatment
Appeals court rejects claim that accounts receivable used in asset-based business valuation by wife’s expert are analogous to future income stream for purposes of arguing double dip in light of income determination for spousal support award.
Gifford v Gifford
New York appellate court finds trial court’s spousal support determination violated double counting rule where expert valued husband’s solely owned engineering company based on an income approach and the business was a service business.
Settele v. Settele
Appeals court rejects claim that accounts receivable used in asset-based business valuation by wife’s expert are analogous to future income stream for purposes of arguing double dip in light of income determination for spousal support award.
Asset Approach Avoids Double Counting of Future Earnings
Appeals court affirms trial court’s decision favoring asset approach for valuing owner spouse’s medical practices; unlike income approach, it avoids accounting for owner spouse’s future earning twice, in asset valuation and determination of alimony.
Court Backs Away From Support for Double-Dip Theory
In a divorce case involving dental practice, appeals court says using income stream “as a tool” to value a professional business and then using it “as actual income for a spousal support calculation” does not per se amount to impermissible double dipping.
Court Rejects Flat Prohibition Against Double Dipping
Appeals court finds Ohio statute requires trial court to consider income from all sources in calculating spousal support and overrules Heller I to extent Heller imposes a flat prohibition against double dipping; mandate is to ensure fairness and equity.
Callahan v. Callahan
Appellate court says trial court did not double dip where it predicated its alimony order on husband’s general earning capacity, independent of husband’s employment at companies that were marital assets subject to property division.
Court Rejects Double-Dip Claim, Emphasizing Owner’s General Earning Capacity
Appellate court says trial court did not double dip where it predicated its alimony order on husband’s general earning capacity, independent of husband’s employment at companies that were marital assets subject to property division.
Gallo v. Gallo
Appeals court finds Ohio statute requires trial court to consider income from all sources in calculating spousal support and overrules Heller I to extent Heller imposes a flat prohibition against double dipping; mandate is to ensure fairness and equity.
In re Mauer
Appeals court affirms trial court’s decision favoring asset approach for valuing owner spouse’s medical practices; unlike income approach, it avoids accounting for owner spouse’s future earning twice, in asset valuation and determination of alimony.
Bohme v. Bohme
In a divorce case involving dental practice, appeals court says using income stream “as a tool” to value a professional business and then using it “as actual income for a spousal support calculation” does not per se amount to impermissible double dipping.
Mississippi High Court Rejects Earnings Capacity Approach
State high court says loss of future earnings calculation does not determine value of injured or dead person, but the sum that replaces the money the victim would have earned; court rejects earnings capacity approach and mandates use of actual income.
Rebelwood Apts. RP, LP v. English
State high court says loss of future earnings calculation does not determine value of injured or dead person, but the sum that replaces the money the victim would have earned; court rejects earnings capacity approach and mandates use of actual income.
Joseph Toscano v. Greene Music
The California Court of Appeal, 4th District, determined that damages for lost future employment based on the employment abandoned by the plaintiff may be recovered under a promissory estoppel claim even though such employment was at will.
Trial Court's 'Inverse Scale' Was Not Double Dipping
The issues in this case were whether the trial court (1) erred in determining the valuation date of the husband's business and (2) overvalued husband's business. Facts The parties were ...
Tournier v. Tournier
The issues in this case were whether the trial court (1) erred in determining the valuation date of the husband's business and (2) overvalued husband's business.
Smith v. Smith
Issue was the valuation of husband's sole proprietorship offering respiratory therapy services, including whether goodwill should be included and proper valuation methods.
Wehrkamp v. Wehrkamp
Issue is whether an individual's future earning capacity resulting from an advanced degree is "property" in divorce cases?