Baumboree v. Baumbouree
Appeals court agrees with trial court that valuation in stock agreement is binding in partition action even though non-owner spouse refused to sign agreement and agreement did not mention divorce as one of the circumstances in which valuation applied.
Dodgy Real Estate Valuation Compromises Dependent Business Valuation
Trial court did not err when it enforced shareholder agreement lacking purchase price and based buyout price on defense expert testimony; opposing expert committed “severe flaws in his methodology and the valuations based upon them,” appeals court says.
Why Bankruptcy Court declines to be bound by divorce valuation
Following the divorce, the husband filed for Chapter 13 bankruptcy and asked for confirmation of his plan. The issue was whether the plan could meet the liquidation test applicable under the Bankruptcy Code’s section 1325(a)(4). In essence, the test requires that creditors in a Chapter 13 bankruptcy receive present value payments that are at least equal to the amount the creditors would receive in a Chapter 7 case.
In re Discontinuance & Disposition of P.K. Smith Motors, Inc.
Trial court did not err when it enforced shareholder agreement lacking purchase price and based buyout price on defense expert testimony; opposing expert committed “severe flaws in his methodology and the valuations based upon them,” appeals court says.
Courts Decry Expert’s Failure to Explore Different Ways to Develop FMV
Appeals court affirms trial court’s valuation of medical practices based on buyout provisions where wife’s expert made no attempt to ascertain businesses’ FMV by any other valuation method.
May Court Disregard Shareholder Agreement in Judicial Buyout?
Appeals court finds in judicial buyout, district court properly updated stock price listed in shareholder agreement and could disregard experts’ market approach values, but it erred when it abandoned the contract’s terms as to the manner of the payment.
Burstein v. Burstein
Appeals court affirms trial court’s valuation of medical practices based on buyout provisions where wife’s expert made no attempt to ascertain businesses’ FMV by any other valuation method.
Piche v. Braaten
Appeals court finds in judicial buyout, district court properly updated stock price listed in shareholder agreement and could disregard experts’ market approach values, but it erred when it abandoned the contract’s terms as to the manner of the payment.
Husband’s version of the facts not supported by the record
Husband and wife were married in 1979, and wife filed for divorce in 2000.
Shareholder Agreement Using Par Value Enforced
Timothy Strickland was a former employee and shareholder of CADD Centers of Florida Inc.
Tax Court Determines That Value Was 'Somewhere in the Middle' of Expert Opinions
The taxpayers' expert, Gregory Heebink, used the discounted cash flow (DCF) method and the guideline public company method.
Valuation disregarding restrictive stock agreement upheld on appeal
A major issue in this marital dissolution was the valuation of husband’s 200 shares of stock in Pella Windows & Doors Inc.
Valuation Based on Pricing Formula in Buy-Sell Agreement Upheld
Husband was a part owner of Pingree & Watterworth PA, an orthodontic practice.
Hess v. Commissioner
Taxpayers gave 10 shares of HII common stock (a 10% stockholder interest) to an irrevocable trust established for their daughter. Issue was the fair market value of the stock for gift tax p ...
Entire Settlement Payment Is Purchase Price
One of the issues for the Tax Court was whether $4,856,922 of a $19,886,922 settlement made by Indeck Energy Services, Inc. to Michael P. Polsky was interest deductible by Indeck and recognizable as ordinary income to Polsky or whether it was part of the purchase price for shares of Indeck stock held by Polsky.
Arn v. Arn
Issue is the valuation of husband's interest in wine company where he originally purchased 20% interest and later purchased remaining 80% but sale was still in escrow.
CADD Centers of Florida, Inc. v. Strickland
The issue in this case was the par value of a former employee and shareholder’s stock pursuant to a shareholder agreement.
Irby v. Irby
The major issue at the November 2000 trial was the valuation of husband's stock in Pella Windows & Doors Inc. and the effect of a restrictive stock agreement on the value.
In re the Marriage of Watterworth
Issue is whether court erred in valuing orthodontic practice based on formula in buy-sell agreement.
Indeck Energy Services, Inc. v. Commissioner
Issues are whether part of settlement payment constitutes interest deductible by Indeck and recognizable as ordinary income by petitioners, and whether penalties apply.
Value not determined by shareholder agreement
One of the issues in this divorce proceeding was whether the shareholder agreement was necessary to determine the value of the husband's interest in a closely held business, Lambert Interna ...
Shareholder agreement restrictions support 30% marketability discounts
The wife appealed a judgment from the trial court that valued husband's minority interest in a closely held corporation in a dissolution of marriage. Wife challenged the trial court's qualif ...
Hasselbalch v. Hasselbalch
The full court case text can be read here in PDF form.
Cerretani v. Cerretani
Wife challenged the trial court's qualification of husband's witness as an expert witness and discounting husband's interest by 30%.
In re Penepent Corp.
At issue is the fair value of sharelholder's stock in Penepent Corporation after death.