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Hot Topics at the 2022 VSCPA Forensic and Valuation Conference

It was back to in-person attendance at the 22nd annual Forensic and Valuation Conference hosted by the Virginia State Society of CPAs. Topics included the income approach, effective recruiting, reasonable compensation, guideline transactions, surviving cross-examination, IRS developments, and a “Hardball With Hitchner” session that covered some front-burner issues.

BV News and Trends December 2022

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

BV News and Trends November 2022

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

Embracing Subjectivity: The Illusion of Precision in BV

Nothing keeps a valuator up at night more than “squishy numbers.” Everyday someone comes up with another “objective quantitative method” that eliminates subjectivity. But guess what? Many of the methods are actually increasing the subjectivity exponentially and creating the illusion of precision. In this rip roaring session, we will shine a light on all of the subjective areas of the valuation process and learn to embrace it.

Most firms can’t forecast impacts of ESG

A new global survey highlights the difficulty in quantifying the financial impacts of environmental, social, and governance (ESG) factors.

Valuation Considerations in High Inflationary Environments

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 20 years.

Accounting for Inflation in the Income Statement Forecast

An example from an actual engagement that demonstrates the manner in which inflation can impact a valuation.

BV News and Trends October 2022

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

Furrer v. Siegel & Rouhana, LLC

A name attorney in a Maryland law firm withdrew after having his license suspended. He sued the firm for compensation for his 26.5% interest in the firm. The firm countersued for damages related to his mistreatment of client accounts. The trial court determined a value of his interest and also determined damages that the attorney owed the firm for his mistreatment of client accounts. The appellate court affirmed the damages but remanded the valuation of the 26.5% interest.

Champions Retreat Golf Founders, LLC v. Comm’r

The Tax Court, on remand from the 11th Circuit, which decided that the taxpayer was entitled to a charitable donation for donation of a conservation easement, now valued that interest to determine the amount of the donation deduction. Both parties presented valuation opinions from expert appraisers. The Tax Court determined that the highest and best use of the property before and after the grant of the easement was the key to the determination of the value of the easement. The Tax Court then analyzed the evidence from the expert appraisals to arrive at a value of the easement.

Maryland Appellate Court Remands for Valuation of Withdrawing Member’s Interest in Law firm and Affirms Damages Award

A name attorney in a Maryland law firm withdrew after having his license suspended. He sued the firm for compensation for his 26.5% interest in the firm. The firm countersued for damages related to his mistreatment of client accounts. The trial court determined a value of his interest and also determined damages that the attorney owed the firm for his mistreatment of client accounts. The appellate court affirmed the damages but remanded the valuation of the 26.5% interest.

On Remand, the Tax Court Determines the Value of a Conservation Easement From a Golf Course

The Tax Court, on remand from the 11th Circuit, which decided that the taxpayer was entitled to a charitable donation for donation of a conservation easement, now valued that interest to determine the amount of the donation deduction. Both parties presented valuation opinions from expert appraisers. The Tax Court determined that the highest and best use of the property before and after the grant of the easement was the key to the determination of the value of the easement. The Tax Court then analyzed the evidence from the expert appraisals to arrive at a value of the easement.

Normalizing Owner Compensation + RCReports Case Study

This webinar is for business valuators, business advisors who may be involved in shareholder litigation over compensation and tax advisors who help closely held businesses during IRS audits. This webinar explains the accepted methodologies for normalizing owner compensation in business valuations.

RMA is the financial benchmarking data of choice, per BVR survey

Over three-quarters (78%) of valuation experts say they use RMA for financial benchmarking data, according to a recent survey by BVR. Coming in second is Bizminer, cited by 28% of respondents.

‘ESG Ratings: A Compass Without Direction’

That’s the title of a new paper out of the Stanford Graduate School of Business that examines the concerns over the reliability of the various ratings schemes for environmental, social, and governance (ESG) factors.

A ‘field guide’ to BV just released

Based on all of the questions business owners have asked them over the years, appraisers Casey Karlsen and Seth Webber of BerryDunn have put together a helpful book, A Field Guide to Business Valuation.

Spotlight on the Jewelry Industry: Are Diamonds Still a Girl’s Best Friend?

No business can be valued in a vacuum, and the jewelry industry has undergone significant changes over the last few years. Join Lynton Kotzin for an overview of the current state and evolution of the jewelry industry. Understand the key value drivers, accounting issues, and the proper application of the different valuation approaches during these changing times.

Put ESG impact in numerator, not denominator

Currently, there is no empirical evidence to support including the impact of environment, social, and governance (ESG) factors in the cost of capital, so it should be reflected in the cash flows.

How Judges Compare Competing DCF Analyses

Two valuation experts are far apart in their opinion of value using the income approach. What does the judge focus on when comparing the two analyses?

Feedback wanted on ‘social value’

The Social Value Working Group at the International Valuation Standards Council has released its second paper in a series that examines whether “social value” can be a basis of value, the difference between social value and the social component of ESG, and whether the existing valuation principle of highest and best use can apply to social assets and social value.

Couturier v. Comm'r

The Tax Court was asked in this ESOP-related case to approve the taxpayer’s motion for summary judgment. The petitioner contended that the IRS “is precluded as a matter of law from asserting excise tax liability under section 4973” because it did not issue him a notice of deficiency challenging his income tax treatment of the transactions that generated the excess contributions. The motion was denied. The alleged excess contributions were more than $26 million with alleged excise tax of more than $8 million.

Tax Court Denies Taxpayer’s Motion for Summary Judgment Relative to an Excess IRA Contribution Relating to an ESOP Purchase/Sale

The Tax Court was asked in this ESOP-related case to approve the taxpayer’s motion for summary judgment. The petitioner contended that the IRS “is precluded as a matter of law from asserting excise tax liability under section 4973” because it did not issue him a notice of deficiency challenging his income tax treatment of the transactions that generated the excess contributions. The motion was denied. The alleged excess contributions were more than $26 million with alleged excise tax of more than $8 million.

Appeals court vacates going-concern valuation for firm being wound down

In an Arizona divorce case, the couple owned a business that was being phased out.

Reconciling the Results of Various Valuation Methodologies

This is an excerpt from the author’s new sixth edition of Understanding Business Valuation. It illustrates the clear, simple way he explains key concepts and provides real-world examples.

Trial Court’s Decision of Value of Business Based on a Going Concern Is Reversed and Remanded

The appeal in this case dealt with, among other issues, the trial court’s decision to adopt the husband’s expert’s value that was based on a capitalization of earnings based on expected future income. The appellate court noted that the evidence from the trial showed that the business received no revenue after the wife sold her interest to a third party, and there was no evidence that similar earnings would occur in the future. The trial court’s determination of value was vacated and remanded.

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