September / October
Showing 433–448 of 608 results
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Devil in the details — Creative ways to structure mergers and acquisitions
September / October 2012
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 905
Abstract: A business valuator can help the seller of a business understand what the business is worth and discuss different ways to structure a deal, depending on the owner’s priorities and aversion to risk. This article explains the ins and outs of determining a reasonable asking price and talks about the different types of value that may apply, including strategic value and fair market value. The article shows how valuators can help buyers and sellers negotiate mutually advantageous terms.
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Copyright infringement damages – The lowdown on a complicated calculation
September / October 2008
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 823
Abstract: This article summarizes the methods CPAs use when calculating copyright infringement damages. Under the Copyright Act, copyright holders are generally entitled to recover actual damages suffered as a result of infringement. Experts must calculate lost sales from the infringer’s sales, copyright holder’s projections, diverted sales or product mix relationships and consider deductions such as the lost interest or earnings on the lost sales. (Updated 8/31/12)
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Are alternate estate valuation dates on the way?
September / October 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 477
Abstract: The IRS has issued new proposed regulations on the election of alternate valuation dates for estates. If implemented, they could significantly affect the availability of alternate valuation dates when the value of an estate decreases after death. This article discusses Internal Revenue Code Section 2032(a), which allows executors to elect to value an estate on the date that’s six months after the date of death.
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Finding and preventing procurement fraud
September / October 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 728
Abstract: Purchasing departments can be fraud hotbeds. Without strong fraud control measures, companies can easily fall victim to fictitious vendor, kickback and other procurement schemes. This article describes red flags to look for internally, including payments to vendors that have been invented by employees, and also discusses preventive measures.
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Another one bites the dust – Tax court rules against FLP
September / October 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 594
Abstract: A family limited partnership (FLP) can be a viable tax-advantaged method of handling assets — but only if it’s established and administered correctly. This article looks at an FLP that the IRS successfully challenged. It explains some of the specific factors that led the Tax Court to conclude that the decedent’s asset transfers were not the bona fide sales that would have qualified the FLP for favorable tax treatment.
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House of sand – “Speculative” lost profits damages crumble in court
September / October 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 984
Abstract: Lost profits damages may seem straightforward. However, they’re anything but that when valuators must base their calculations on the projected profits of a new business. This article looks at one recent California case that illustrates how such a claim can crumble upon examination. The defendant won the case, but, as a result of its weak evidence to support its projected profits, saw its lost profits damages award severely slashed. A sidebar notes a similar fate regarding punitive damages.
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Ask the Advisor – What type of due diligence is necessary in today’s market?
September / October 2011
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 423
Abstract: The commercial real estate market remains rocky. Historical assumptions about rent growth, lease renewals, and similar issues are less reliable than in the past. That means due diligence for new transactions will require more intensive effort and a broader, more conservative focus. This article describes three kinds of information that must be reviewed, and steps that go beyond traditional due diligence.
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Year end is fast approaching: Tax strategies to consider
September / October 2011
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 589
Abstract: This article looks at a number of year end strategies that take advantage of enhanced bonus depreciation; shorter time periods for depreciation under the Modified Accelerated Cost Recovery System (MACRS); and deferring taxable income to next year and accelerating deductions to this year. It also discusses the tax implications of retirement planning, charitable giving, and hiring one’s children to work in the family business.
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Sec. 179 expensing – You may qualify for extra expense deductions
September / October 2011
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 455
Abstract: Tax law changes passed last year opened the doors for some major tax savings on 2011 business purchases. Under the temporary modifications to Section 179 expensing rules, one might be able to deduct — rather than depreciate over a number of years — costs related to qualified leasehold-improvement, restaurant and retail-improvement property. The article explains what’s included in these three forms of property, along with the deduction amounts that apply.
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A GRAT can be a great way to transfer a business
September / October 2011
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 979
Abstract: A grantor retained annuity trust (GRAT) can help a business owner minimize gift and estate tax liability associated with transferring ownership interests while retaining an income stream for a specified period of time. And it may be particularly powerful in the current economic environment, where the lifetime gift tax exemption is high and the value of a business may be lower than it was a few years ago. This article describes the nuts and bolts of this irrevocable trust, along with IRS rules on the trust instrument used to create a GRAT. A sidebar compares a GRAT with a grantor retained unitrust (GRUT) and grantor retained income trust (GRIT).
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ACFE survey provides insights on fraud prevention and detection
September / October 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 352
Abstract: The Association of Certified Fraud Examiners (ACFE) has expanded its biennial fraud survey to include fraud cases in over 100 nations. This brief article lists a few of its conclusions in regard to who’s committing fraud, how much it’s costing, and how to deter fraud perpetrators.
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How do you value a startup company?
September / October 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 649
Abstract: Established businesses have track records of earnings and cash flow that can be used to predict future financial performance. But, for a business without such a track record, a valuator must look to other factors, many of them subjective, to estimate value. This article discusses some of the most important predictors of future success.
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1 + 1 = 2 – How calculation engagements can provide an indication of value
September / October 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 842
Abstract: Preparing a formal valuation for a client requires much work on the part of the appraiser. It can, therefore, be costly. But in many situations, a full-blown valuation isn’t necessary. That’s when an appraiser might suggest using a calculation of value instead. This article provides an overview of the difference between valuations and calculations and when it’s most advantageous to use a calculation of value.
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Defense damages experts – Developing a winning strategy
September / October 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1029
Abstract: In cases involving monetary damages, a critical strategic decision for the defense is whether to engage a damages expert. It may seem inadvisable to let the plaintiff’s damages calculations go uncontested, but presenting one’s own damages evidence can send mixed signals to the jury, particularly if liability is being denied. This article lists three options the defense has, and looks at two cases that illustrate the potential risks and rewards of challenging the plaintiff’s damages expert without presenting an alternative damages estimate. Citation: FMS, Inc. v. Volvo Construction Equipment North America, Inc., 2007 U.S. Dist. LEXIS 19517 (N.D. Ill. 2007) [Quoting Empire Gas Corp. v. American Bakeries Co., 840 F.2d 1333, 1242 (7th Cir. 1988)]; FMS, Inc. v. Volvo Construction Equipment North America, Inc., 2009 U.S. App. LEXIS 4938 (7th Cir. 03/04/2009); Sossikian v. Ennis, No. A119693 (Cal. App. Dist. 1 07/16/2009)
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Estate Planning Red Flag – You have an interest in or authority over a trust that holds foreign accounts
September / October 2011
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 277
Abstract: During the last few years, the IRS has stepped up its enforcement of the Report of Foreign Bank and Financial Accounts (FBAR) rules. To discourage taxpayers from hiding foreign accounts, these rules require U.S. citizens, residents and entities to file annual returns disclosing financial interests in, or signature authority over, foreign bank and investment accounts with an aggregate value of more than $10,000. This article explains who is subject to FBAR reporting requirements and the kinds of interests that must be disclosed.
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Take care of a loved one who has special needs with an SNT
September / October 2011
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 739
Abstract: Special needs trusts (SNTs) benefit children or other family members with a disability that requires extended-term care or that prevents them from being able to support themselves. This trust type can provide peace of mind that a loved one’s quality of life will be enhanced while not disqualifying him or her for Medicaid or Supplemental Security Income (SSI) benefits. This article examines what an SNT can and cannot pay for, and explains the language that it should contain to ensure it doesn’t disqualify the beneficiary from government benefits and will protect the assets against creditors’ claims.