January / February
Showing 209–224 of 623 results
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Using a “yardstick” to measure damages
January / February 2017
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 417
Abstract: The yardstick method is a tried-and-true way to measure economic damages in contract breach, patent infringement and other tort claims. This article explains how the method works — and when it might not work as well.
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Court increases dissenters’ buyout offer by more than 25%
January / February 2017
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 593
Abstract: When computer maker Dell decided to delist in 2013, the deal led to a showdown between management and dissenting shareholders who argued that management’s buyout price was unfair. This article explains why the Delaware Chancery Court decided to base fair value on a discounted cash flow analysis rather than the company’s stock price — and how taxes can have a major impact on value. In Re: Appraisal of Dell Inc., Delaware Ch., C.A. No. 9322-VCL, May 31, 2016
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See for yourself – Site visits are a critical part of the valuation process
January / February 2017
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 670
Abstract: Financial statements, tax returns and marketing materials tell only part of the story. To get a comprehensive understanding of how a business runs, a valuation expert usually needs to see it — and talk to management — firsthand. This article explains the information that may be unearthed during site visits and the types of questions to expect during management interviews.
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3 reasons why selling price isn’t necessarily a cash-equivalent value
January / February 2017
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 852
Abstract: When the value of a business is based on the sales of comparable companies under the guideline merger and acquisition (M&A) method, it’s important to understand the cash-equivalent value of comparables. Creative deal terms can make a deal more (or less) valuable than it appears on the surface. This article lists three common reasons why selling price can be misleading: installment sales, earnouts and contractual agreements with sellers. Deals with such terms may require an adjustment to arrive at a cash-equivalent value. A sidebar demonstrates how deal structure can help bridge a bid-ask spread in an M&A transaction.
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Making a federal case out of trade secrets
January / February 2017
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 450
Abstract: The Defend Trade Secrets Act of 2016 creates federal subject matter jurisdiction over civil actions for trade secret misappropriation. This article summarizes the key advantages and provisions of the new law, including the expanded legal remedies and immunity notice requirements for employees, contractors and consultants.
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ACFE report: Awareness can help fight fraud
January / February 2017
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 598
Abstract: For the last 20 years, the Association of Certified Fraud Examiners (ACFE) has published a biennial study to raise awareness about occupational fraud. This article summarizes key findings from the 2016 Report to the Nations on Occupational Fraud and Abuse, including the costs and duration of fraud, common scams, and detection and prevention methods.
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Estate of Giustina – Tax Court slashes value of FLP interest
January / February 2017
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 854
Abstract: Family limited partnerships (FLPs) can be effective estate planning tools. This article discusses a recent U.S. Tax Court case in which the value of a 41% FLP interest for estate tax purposes was reduced from approximately $27.5 million to just under $14 million on remand from the U.S. Court of Appeals for the Ninth Circuit. A sidebar highlights a recent IRS proposal that threatens to limit (or possibly even eliminate) valuation discounts on FLPs and other family-controlled businesses. Estate of Giustina v. Commissioner, T.C. Memo. 2016-114, June 13, 2016
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How much is a minority interest in an S corporation worth? IRS job aid compiles guidance on valuing pass-through entities
January / February 2017
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 709
Abstract: Generally, S corporations pay no entity-level federal taxes on their income. Instead, an S corporation’s income and deductions flow through to the interest holders, who are responsible for the entity’s federal income tax liability. This article introduces an IRS job aid that compiles guidance on how these pass-through tax attributes may affect the value of noncontrolling interests in these entities. It concludes that valuing these interests necessitates a custom approach that’s evolving over time. Gross v. Commissioner, T.C. Memo. 1999-254, aff’d. 272 F. 3d 333 (6th Cir. 2001), cert. denied, 537 U.S. 827 (2002)
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Tax Tips – Late rollover relief just got easier
January / February 2017
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 430
Abstract: These brief tips cover how the IRS has made it easier for taxpayers to obtain an extension for retirement plan rollovers, ways to protect taxpayers from charity scams and how to make a partial disposition election for disposed property.
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Don’t overlook the domestic production activities deduction
January / February 2017
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 599
Abstract: The domestic production activities deduction provides a generous tax break for certain “domestic production activities.” Unfortunately, many businesses overlook this valuable tax break because they believe it’s only for manufacturers. This article explains that in fact the deduction is available to a wide range of businesses. It also explains how temporary and proposed regulations may affect a company’s eligibility for the tax credit.
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What estate planning strategies are available for non-U.S. citizens?
January / February 2017
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 537
Abstract: Many traditional estate planning strategies are based on the assumption that everyone involved is a U.S. citizen. But for those couples with a noncitizen spouse, special rules apply that require additional planning. This article examines some of the tax issues for resident noncitizens, as well as for nonresident aliens.
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Required minimum distributions: Tips and strategies
January / February 2017
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 959
Abstract: For those nearing age 70½, it’s time to start planning for required minimum distributions (RMDs) from their traditional IRAs or employer-sponsored retirement plans. This article provides tips and strategies for minimizing the impact of RMDs and includes a brief sidebar on how RMD rules differ if an IRA or retirement plan is inherited.
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Not so fast! Federal court denies real estate agent’s rental loss deduction
January / February 2017
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 435
Abstract: The IRS generally considers rental real estate investments as passive activities, meaning taxpayers can use any related losses only to offset income from passive investments. The tax code does grant an exception for rental activity losses incurred by real estate professionals, but it’s not enough just to qualify as a real estate professional. This article reviews a U.S. Court of Appeals for the Ninth Circuit ruling finding that real estate professionals must also prove that they materially participated in the rental property. Gragg v. Commissioner, Ninth Cir., No. 14-16053, August 4, 2016
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Performing preventive maintenance is key
January / February 2017
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 635
Abstract: Owners need to know the condition of their residential and commercial properties. A comprehensive preventive maintenance program inventories all interior and exterior equipment “hotspots” and tracks when routine maintenance should happen. This article shows how to create a formal schedule and budget for fixed asset repair and maintenance, taking into account labor requirements and tax considerations.
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Gross-up provisions: Good news for both landlords and tenants
January / February 2017
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 611
Abstract: In an uncertain economy, commercial landlords understandably look for ways to protect themselves from financial exposure. One approach is the inclusion of gross-up provisions in leases. This article explains that a properly drafted gross-up provision can help ensure that tenants pay their share for operating expenses when some units are vacant, while also protecting tenants from unexpected cost increases.
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Don’t lose your charitable tax deduction on use restrictions – It’s important to submit a qualified appraisal under IRS rules
January / February 2017
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 869
Abstract: When taxpayers contribute property to charitable institutions, they generally follow up by claiming a charitable deduction on their tax returns. But that deduction isn’t a given — the IRS has strict requirements. Many contributions, for example, require the donor to obtain, and possibly submit, a “qualified appraisal” of the donated property. Failure to do so can cost the deduction and possibly lead to steep penalties. This article summarizes a recent case and the law behind the charitable tax deduction. A sidebar discusses how a conservation easement can qualify for a deduction. Gemperle v. Commissioner, U.S. Tax Ct., No. 19599-12, January 4, 2016