Court Finds Valuation From Certified Expert Reliable
The valuation issue in this appeal of a marital dissolution property distribution concerns the couple's interest in two cellular telephone companies, one located in Little Rock ("Little Rock ...
Distinction Between 50% and Minority Shareholder Immaterial
This is an appeal from the United States District Court for the Southern District of Texas, in which appellant Dan Hill sought to overrule the District Court's ruling that he should buy out appellee James Hollis' 50% interest in First Financial USA Inc. (FFUSA).
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 ...
Hollis v. Hill
At issue is breach of fiduciary duty by the defendant for ordering a buy-out of the plaintiff's shares based on their corporation's value more than one year prior to the date of judgment.
Distinction Between 'Equal' and 'Minority' Immaterial
This is an appeal from the United States District Court for the Southern District of Texas, in which appellant Dan Hill sought to overrule the District Court's ruling that he should buy out appellee James Hollis' 50% interest in First Financial USA Inc. (FFUSA).
Valuation Date Is the Date of Filing
The 5th Circuit determined that, under Nevada corporate law, shareholders in a closely held company financial services company have a fiduciary duty to each other.
Fixed growth and present value rates not challenged
In a novel approach to the development of a marketability discount for a real estate holding company, the U.S. Tax Court in Borgatello (see page 16 of this issue) assigns numerical values to ...
Surviving a divorce engagement
This article offers a highly condensed primer for divorce engagements. It will be useful both to those approaching such engagements for the first time and also as a review for experienced practitioner ...
No error to use predivorce farm valuation date
The main issue in this marital dissolution was the value of the marital estate, which consisted primarily of the husband's interest in a farm partnership run with his brother.
Dowiasch v. Dowiasch
At issue is the valuation of the family farm.
Five month old appraisal held best evidence of value
The main issue in this marital dissolution was the value of the marital estate, which consisted primarily of the husband's interest in a farm partnership run with his brother. The trial cour ...
Cooper Distributing Co., Inc. v. Amana Refrigeration, Inc.
At issue is the valuation of an appliance distributor franchise.
Value of a Business Must Be Objectively Determined; Lost Profits May Be Included in Fair Market Value
Amana Refrigeration terminated its distribution relationship with Cooper Distributing for reasons other than unsatisfactory performance on Cooper's part.
Valuation Date Does Not Reflect All Lost Profits
The U.S. Court of Appeals for the 3rd Circuit considered the district court's damage award in termination of franchise matter.
Zoldan v. Zoldan
At issue is the credibility of the expert witnesses as to the value of husband's accounting business.
Zoldan v. Zoldan
The issue in the case is whether the trial court abused its discretion by accepting the testimony of one expert witness over another. The trial court accepted the testimony of the appellee's ...
Dixon v. Dixon
At issue is whether husband's crane and rigging business should be included in the valuation of marital estate.
Husband bears loss of marital asset caused by his intentional wrongdoing
In this marital dissolution, the issue was whether the trial court erred in not including in the marital estate the value of husband's business at the time the action was commenced.
Butler v. Butler
At issue is the valuation date of the couple's assets.
Valuation on trial date equitable due to bankruptcy after case file
Under New York law, marital property is generally valued as of the date the action is commenced. However, under certain circumstances marital property can, in the discretion of the court, be ...
"When the Future Becomes the Past"
Hitchner, James R., "When the Future Becomes the Past " CPA Expert , Spring/Summer 1998, pp. 16-17. This article discusses the Estate of Emanuel Trompeter v. Commissioner of Internal Revenue (T.C.
Valuation date of husband's dental practices should be as of divorce proceeding, says wife
Among other issues, wife argues that valuation of husband's three dental practices should have been as of the date of the final divorce proceeding. Court determined that the choice of date a ...
Mercer set record straight re Estate of Welch case
Last month (p.3) we reported the U.S. Tax Court case of Welch v. Commissioner , in which the sole issue was a discount for built-in capital gains taxes on real estate owned by operating com ...
Green v. Green
Issues were whether the trial court erred in allowing spaced payments while not allowing interest for lost value and failing to value husband's interests at the date of the final hearing.
Indiana Supreme Court Upholds Alerding's Valuation of Convicted Sex Offender's Construction Company; Trial Court's Discretion to Set Valuation Date Allocates Risk of Radical Change in Asset's Value
We reported ( 1/96, pp. 8-9) that the court of Appeals of Indiana overturned the $328,000 value of Quillen Construction, Inc. opined by the wife's expert, R. James Alerding , because the ...