Perry v. Sackett
In case of voluntary corporate dissolution under judicial supervision, appeals court finds receiver’s minimum bid value was based on correct standard of value (liquidation value) and calculated auction sales price reflected all elements of a going concern ...
Unilateral Partnership Dissolution Exacts Steep Price From Wrongdoer
New York appellate court says trial court erred when it declined to apply minority discount in determining “value” of minority shareholder’s interest in partnership where shareholder wrongfully dissolved partnership and buyout was not a fair value proceed ...
Why Divorce Valuation Does Not Accord With Chapter 7 Liquidation Analysis
Bankruptcy Court says differing standard of value in divorce and bankruptcy proceedings precludes use of divorce valuation of husband’s interest in dental practice; but valuation based on shareholder agreement accords with Chapter 7 liquidation analysis.
Demand for Executive Compensation Data Lacks ‘Proper Purpose’
Appeals court finds no error in trial court’s rejection of plaintiff’s demand for inspection of corporate records on executive compensation, where expert testimony showed information was not necessary to value plaintiff’s minority interest in company.
Congel v Malfitano (I)
New York appellate court says trial court erred when it declined to apply minority discount in determining “value” of minority shareholder’s interest in partnership where shareholder wrongfully dissolved partnership and buyout was not a fair value proceed ...
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 Cole
Bankruptcy Court says differing standard of value in divorce and bankruptcy proceedings precludes use of divorce valuation of husband’s interest in dental practice; but valuation based on shareholder agreement accords with Chapter 7 liquidation analysis.
Pearson v. Westervelt Co.
Appeals court finds no error in trial court’s rejection of plaintiff’s demand for inspection of corporate records on executive compensation, where expert testimony showed information was not necessary to value plaintiff’s minority interest in company.
Court Affirms Rightness of Expert’s ‘Marital Value’ Calculation
Court upholds expert’s idiosyncratic valuation approach based on ascertaining “marital value” of community’s grocery stores as opposed to stores’ “investment value”; since the stores were not sold, valuation properly captured their value to owner spouse.
In re Honer
Court upholds expert’s idiosyncratic valuation approach based on ascertaining “marital value” of community’s grocery stores as opposed to stores’ “investment value”; since the stores were not sold, valuation properly captured their value to owner spouse.
RERI Holdings I, LLC v. Comm’r
Tax Court denies IRS’s summary judgment motion to disallow claimed charitable deduction arguing taxpayer’s appraiser improperly valued donated interest in LLC using present-value Section 7520 tables and failed to submit “qualified appraisal.”
Appropriateness of Accounting Principles and Valuation Must Go to Trial
One of the issues in this shareholder dispute was whether stock was correctly valued pursuant to a stock purchase agreement.
K-O Enterprises, Inc. v. O'Brien
One of the issues in this shareholder dispute was whether stock was correctly valued pursuant to a stock purchase agreement.
Tax-affecting S corp earnings
In light of the Gross decision, have you taken a formal position regarding the appropriateness of tax-affecting S corporation earnings? I have studied your comments about this issue in the ...
How should appraisers consider the law?
The following is a chapter excerpted from Michele Miles' book, The Business Appraiser and Litigation Support.** In this chapter she discusses how business appraisers can avoid running afoul of be ...
Daubert - The Evolution of a Profession
Mark Shirley CPA, CVA, CFFA . The Valuation Examiner , May/June 2001 This article discusses the impact of Daubert v. Merrell Dow Pharmaceuticals , Kumho Tire v. Carmichael , and FRE 7 ...
Business appraisal methodology
As a business valuation expert with Sanli, Pastore & Hill, Inc., I recently performed an interesting valuation of a hotel in North Platte, Nebraska. North Platte has a population of 25,000 and i ...
Divorce in Utah – business valuation issues
While the material in my paper only covers the business valuation issues of each individual case, I also was able to obtain and review legal briefs filed for some of the cases. In certain instances ...
Inadequate evidence often results in lost and remanded cases
There are few subjects of litigation in which the quality of expert evidence is as important to the result of the case as it is in business valuation. Hundreds of clients disserved I have r ...
Business valuation: a top ten list for attorneys
This article was originally published in BizVal.Com, a monthly newsletter published by Mercer Capital. We have reprinted it here because it provides a good checklist for attorneys who employ business ...
The Handbook for Divorce Valuations
The Handbook for Divorce Valuations is written by CPAs primarily for CPAs who engage in business valuations for divorce cases. It also provides attorneys with a useful tool.
The "valuation professional" vs. the "industry expert," Mercer, Z. Christopher, ASA, CFA
E-Law Business Valuation Perspective, 1999-17. In this article, the author addresses an important issue faced by attorneys in need of a business appraisal. The basic question often boils ...
IBA highlights include FLP settlements, database comparisons
The 2000 IBA annual conference, held Feb. 3-5 in Phoenix, included a variety of "hands-on useful" presentations and panels. Highlights of a few of the presentations, award recipients, and audiotape in ...
S corps and the capital gains game
"Are S Corporations Entitled to Valuation Discounts for Embedded Capital Gains?" James J. Reto, Valuation Strategies , January/February 2000, pp. 6-9, 48. Courts have recognized the tax consequence ...
Record attendance and strong presentations at AICPA BV conference
n PAINTING A MASTERPIECE – THE CREATION OF AN EFFECTIVE VALUATION REPORT Kevin Yeanoplos, CPA/ABV Beacon Valuation Group, Inc. Dressed appropriately ( see accompanying ...