Court Distinguishes Between Goodwill and Trail Income in Solo Practice Valuation
Professional practice, sole proprietorship, goodwill, valuation, marital property, equitable distribution, valuation method, income, child support, double counting ...
Questions a judge will ask of a valuation expert witness
A new book not only gives judges and attorneys a reference guide of fundamental business valuation concepts, but it's also a refresher course for valuation experts, and it will help them prepare for court.
Trail income is different from personal goodwill, Tennessee court clarifies
Tennessee does not consider personal goodwill in a solo proprietorship a marital asset. But what about trail income, the money a financial planner makes from managing his or her clients’ funds and portfolios? In Fuller v. Fuller, the owner-spouse argued the goodwill analysis applied to the treatment of trail income as well. The Tennessee Court of Appeals recently disagreed.
Guidance for valuators on Washington state double dip jurisprudence
Double dipping is a tricky issue because different states have developed different approaches to it. Valuators specializing in divorce issues must know the controlling case law in the state in which they practice. A recent decision by the Washington state Court of Appeals clarifies its state's analytical framework in a case featuring a successful management consulting business the husband had set up and grown during the marriage.
Fuller v. Fuller
Appeals court says trail income generated by solo financial planning practice is different from professional goodwill; it can be sold separately or assigned, and there exists a formula for valuing it; trial court was right to consider it a marital asset.
Court Distinguishes Between Goodwill and Trail Income in Solo Practice Valuation
Appeals court says trail income generated by solo financial planning practice is different from professional goodwill; it can be sold separately or assigned, and there exists a formula for valuing it; trial court was right to consider it a marital asset.
How to value a small piece of a famous rock song
If the jury had sided with the plaintiff in the Led Zeppelin "Stairway to Heaven" case, it would have had to carve out the value of the riff that only forms part of the song. BVWire asked Michael Pellegrino (Pellegrino & Associates), a valuation expert (and musician) who specializes in intellectual property, for some insights into some of the thoughts behind how this would have been determined
Court Rejects Flat Prohibition Against Double Dipping
Appeals court finds Ohio statute requires trial court to consider income from all sources in calculating spousal support and overrules Heller I to extent Heller imposes a flat prohibition against double dipping; mandate is to ensure fairness and equity.
Callahan v. Callahan
Appellate court says trial court did not double dip where it predicated its alimony order on husband’s general earning capacity, independent of husband’s employment at companies that were marital assets subject to property division.
Court Rejects Double-Dip Claim, Emphasizing Owner’s General Earning Capacity
Appellate court says trial court did not double dip where it predicated its alimony order on husband’s general earning capacity, independent of husband’s employment at companies that were marital assets subject to property division.
Gallo v. Gallo
Appeals court finds Ohio statute requires trial court to consider income from all sources in calculating spousal support and overrules Heller I to extent Heller imposes a flat prohibition against double dipping; mandate is to ensure fairness and equity.
Court Deems Treatment of S Corp Undistributed Income ‘Problematic’
Court rejects expert’s “excess working capital” analysis to determine income for child support purposes saying it conflicts with state statute’s requirement to rely on historical practices when assessing legitimacy of undistributed earnings of an S corp.
Diez v. Davey
Court rejects expert’s “excess working capital” analysis to determine income for child support purposes saying it conflicts with state statute’s requirement to rely on historical practices when assessing legitimacy of undistributed earnings of an S corp.
Marshall v. Marshall (I)
Appeals court says parties’ agreement is ambiguous as to whether distributions related to husband’s ownership in S corp. are includable in alimony and child support calculation; on remand, trial court must determine what income parties meant when specifying use of pretax income from employment.
Courts Agree Reasonable Compensation Is Sound Method for Calculating Spousal Support in S Corp Context
Appeals court says parties’ agreement is ambiguous as to whether distributions related to husband’s ownership in S corp. are includable in alimony and child support calculation; on remand, trial court must determine what income parties meant when specifying use of pretax income from employment.
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 ...
Supreme Court applies Daubert-type screening to all experts work
I'm relinquishing my editor's column space this issue for this excellent and timely article by my colleague at Willamette Management Associates, Robert Reilly. Recent decisions clearly "raise the bar ...