In Re Riddle
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.
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.
Volatility of Financial Metrics: Important Data for Contingent Consideration Valuations
This article presents the first detailed statistical analysis of the volatilities of various commonly encountered financial metrics used in contingent consideration (and earn-out) agreements. The valuation of contingent consideration using an option-based methodology and non-equity volatilities is becoming more common in business valuation. We provide clear evidence that the volatility of five financial metrics—revenue; earnings before interest, taxes, depreciation, and amortization (EBITDA); EBIT, net income, and total assets—is strongly, negatively related to firm size and ...
Hester v. Hester
In this Virginia divorce case, the court, among other things, did not accept the valuation of either valuator and instead determined its own value crafted from the two valuations that were submitted. The result, by chance or otherwise, resulted in “splitting the baby.”
Divorce Matter Results in the Court ‘Splitting the Baby’ to Value a 20% Interest in an S Corp. Medical Practice
In this Virginia divorce case, the court, among other things, did not accept the valuation of either valuator and instead determined its own value crafted from the two valuations that were submitted. The result, by chance or otherwise, resulted in “splitting the baby.”
Carried Interest—What's it Worth?
Join Vladimir Korobov and Kyle Garcia for an overview of private equity funds and other alternative investment vehicles with similar characteristics in general and discuss situations that require business valuation. With discussion of the valuation of carried interests including the general approaches used for valuation, you’ll get helpful tips when undertaking engagements for these unique assets. Learn to address issues of the fund life cycle and the valuation methods applicable in different stages. Practical examples ...
Shining a Spotlight on Nightclub Valuation
Get ready to jump the line with this lesson on valuing bars and nightclubs with Jason Pierce and Lynton Kotzin. The entertainment venue industry is nuanced, and the pandemic changed the approach for these valuations. Hear specific examples of specialized issues, including deconstructing the revenue streams, matching the risk to the business model, properly applying transaction multiples and other benchmarks, and utilizing lessons learned from court cases. Valuation experts, financial analysts, legal counsel, industry practitioners ...
Avoid This Mistake When Using an Exit Multiple in the Terminal Year
There is nothing wrong with using exit multiples on the terminal year of a DCF, but the devil is in the details.
BV News and Trends January 2021
A monthly roundup of key developments of interest to business valuation experts.
Adewopo v. Jaja
In this divorce matter, the Indiana appellate court included enterprise goodwill of the wife’s business in the marital estate. The court-appointed, at the husband’s request, expert testified as to his conclusion of value using an income approach and calculating the amount of enterprise goodwill while excluding personal goodwill. The wife objected to the expert’s value but provided no evidence of her own determination of value.
Indiana Appellate Court Includes Enterprise Goodwill of Wife’s Businesses in Marital Estate
In this divorce matter, the Indiana appellate court included enterprise goodwill of the wife’s business in the marital estate. The court-appointed, at the husband’s request, expert testified as to his conclusion of value using an income approach and calculating the amount of enterprise goodwill while excluding personal goodwill. The wife objected to the expert’s value but provided no evidence of her own determination of value.
Business Valuation Case Law Yearbook, 2022 Edition
January 2022 PDF, Softcover (177 pages)
BVR (editor)
Business Valuation Resources, LLC
The legal coverage and in-depth analysis from the BVR legal team deliver lessons learned to help appraisers reach better and more defensible valuation conclusions. All the cases featured in this book impart important lessons about applicable legal principles, approved and discredited valuation methodology, and the act (and art) of presenting expert opinions. This must-have collection benefits both the generalist as well as the specialist.
Learn more >>
Non-Marketable Investment Company Evaluation: Free Resource for Your Next Valuation
When it comes to valuing minority interests in family investment entities such as family limited partnerships, it is apparent that the income approach should now be used alongside the traditional asset/market approach. Join creator William Frazier for a live “nuts and bolts” example of exactly how the nonmarketable investment company evaluation (NICE) method is used. With examples of FLPs with different asset makeups and financial characteristics, this event will arm you with a new tool ...
Letter to the Editor: A New Development in Personal Goodwil
Remarks and comments from BVR’s legal editor on a previous article that discussed Florida’s proposed legislation to clarify the value of goodwill in the marital interest of closely held businesses.
How to Explain Personal Goodwill to a Trier of Fact for a Divorce Valuation
This is an excerpt from the author’s upcoming sixth edition of Understanding Business Valuation, which will be available from BVR in early 2022.
BV News and Trends December 2021
A monthly roundup of key developments of interest to business valuation experts.
Incompetent valuation KOs jury verdict
The jury’s verdict in an eminent domain trial could not stand because the jury relied solely on the valuation the expert for the Pennsylvania Department of Transportation (PennDOT) did, “which was incompetent.”
BV News and Trends November 2021
A monthly roundup of key developments of interest to business valuation experts.
More jabs at the proposed billionaire tax
Although it could give a lot of work to appraisers, the proposed billionaire tax is an example of “really bad tax law,” says the dean of valuation, Aswath Damodaran (New York University Stern School of Business).
Reminder: Preorder Trugman’s sixth edition
Understanding Business Valuation by Gary Trugman (Trugman Valuation) has been the go-to book for real-world examples on how to apply valuation theory and complex topics.
ASA conference hits the jackpot in Vegas
About 600 attendees converged—both on-site and virtually—for the American Society of Appraisers’ International Conference in Las Vegas October 24-26.
IRS sending agents to NACVA’s BV training
The IRS is sending 79 agents to business valuation training provided by the National Association of Certified Valuators and Analysts (NACVA), according to former IRS manager Michael Gregory (Michael Gregory Consulting LLC).
Damodaran on proposed billionaire tax
“A boon for appraisers and accountants,” but it is one of the worst tax proposals ever, says Aswath Damodaran (New York University Stern School of Business), in an appearance on CNBC.
Florida’s Proposed Change to Goodwill Could Set a Precedent
The Family Law Section of the Florida Bar is proposing legislation to clarify the value of goodwill in the marital interest of closely held businesses. The authors envision that this proposed legislation could set a precedent for future family law matters throughout the United States.
Warning to Business Valuers Looking to Use New ESG Ratings
A hot topic today is environmental, social, and governance (ESG) factors and how to reflect the impact of these factors in business valuations and financial reporting. Data are starting to emerge to help quantify the impact of ESG—but analysts need to be careful in using these data.