Henry v. Champlain Enterprises, Inc. (I)
In this case, a purchase for the ESOP was valued incorrectly, the IRS determining that the valuation did not take into consideration the lack of marketability due to the remaining shares ...
Contract Unambiguously Excluded Environmental Liabilities From Fair Market Value
The issue on appeal was the meaning of the term "fair market value" in an abandonment provision of an option agreement.
John C. Bedrosian v. Tenet Healthcare Corporation
The California Court of Appeals, 2nd District, considered the appropriate measure of damages in a wrongful withholding of stock case.
Karl J. Reeb v. Airtouch Communications, Inc.
The California Court of Appeal, 2nd Appellate District, determined the increase in a stock’s market price occasioned by a corporate merger was reasonably foreseeable for the purpose of calculating damages in a breach of contract action.
Peracchio v. Commissioner
Issues were appropriate discount for lack of control and discount for lack of marketability to apply in valuing gifts of family limited partnership interests.
Lappo v. Commissioner
The issue for decision is the fair market value of interests in a family limited partnership that petitioner transferred in 1996.
Tax Court Accepts Negative Industry Risk Premium and Unique Combined Discount Matrix
The decedent, Helen Deputy, formed a family limited partnership comprised of 99% of a limited partnership interest retained by Deputy and two 0.5% general partnership interests, one held by Deputy and one held by her son.
Wortley v. Camplin
Issue is whether jury's damages award in claim for breach of stock purchase agreement were too speculative.
Estate of Deputy v. Commissioner
Issue was the fair market value of a 19.99% interest of stock owned by an FLP, and court discussed negative industry risk premium and unique matrix for determining marketability discount.
Boise Cascade Corp. v. United States
Issue is whether distributions to ESOP plan participants are deductible dividends.
RJE Corp. v. Northville Indus. Corp.
The issue was the meaning of the term "fair market value" in an abandonment provision of an option agreement and whether it excluded potential environmental liabilities.
No Evidence That Board's Financial Advisor Was Fiduciary to ESOP
This was a motion for summary judgment in connection with an action for breach of fiduciary duty to the employee stock ownership plan (ESOP) of F&G company.
Gary Lee Eckelkamp, et al. v. Dennis J. Beste, et al.
The U.S. Court of Appeals for the Eighth Circuit determined that an expert report indicating a greater valuation for ESOP purposes and showing that the directors of the ESOP were overcompensated in and of itself does not create a genuine issue of material ...
ESOP Valuation Based on Purchase Price Desired by Selling Shareholder Fails to Support Reasonably Prudent Investigation
The issue in this case was whether the defendants breached their fiduciary duties to the USCC Employee Stock Ownership Plan (ESOP) participants.
Douglas A. Augustine v. InterVU, Inc.
The California Court of Appeals, 4th District, measured damages for breach of a stock option agreement as though the stock option agreement had been fully performed.
Klein v. Klein
One of the issues in this case was whether husband's shares of Burlen Corp. were marital property.
Court Judges Assessment of Risk Factors, Marketability Discount Evidence
The issue in this consolidated case was the fair market value of two minority nonvoting stock interests in Schwan's Sales Enterprises Inc. (SSE), one as of Dec. 31, 1992 (date of gift) and the other as of Dec. 31, 1994 (date of charitable contribution).
Marketability discounts: using four measures of risk andadjusting for relative liquidity
Court cases are won with empirical evidence that is as nearly on point with the subject company as possible. In this article, Espen shows how companies with four specific risk measures (company size ...
Okerlund v. United States (I)
The issue in this consolidated case was the fair market value of two minority nonvoting stock interests in Schwan's Sales Enterprises, Inc.
Wisconsin - Wis. Stat. § 180.1130
LEXSTAT Wis. Stat. sec. 180.1130 WISCONSIN STATUTES *** THIS DOCUMENT IS CURRENT THRU THE 1999-2000 LEGISLATION *** PARTNERSHIPS AND CORPORATIONS; TRANSPORTATION; UTILITIES; BANKS; SAVINGS ...
Horn v. McQueen
The issue in this case was whether the defendants breached their fiduciary duties to the USCC Employee Stock Ownership Plan (ESOP) participants.
Klein v. Klein
One of the issues in this case was whether husband's shares of Burlen Corporation were marital property.
Access to restricted stock studies
I have a question regarding the Editors Column feature in the February 2002 issue of Shannon Pratts Business Valuation Update. On page 3, middle column, under "Empirical research shows holding period important," Dr. Pratt makes the following statements about the restricted stock studies ...
Court uses net asset value to value service business
The issues in this case marital dissolution case were (1) whether the trial court erred in determining the value of Language Learning Enterprises, Inc. (LLE), and (2) whether the trial court erred in its award of the wife's interest in LLE.
Emory responds to Dr. Bajaj: miniscule adjustments warranted
In this article, John Emory and his colleagues address Dr. Bajaj's criticism of their pre-IPO discount for lack of marketability studies ( BVU , March 2002, pp. 12-14). The result is no adjustment to ...