Valuation/Lit. sup./Fraud/M&A
Showing 33–48 of 1593 results
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Are PPP funds includable in business income for valuation purposes?
November / December 2023
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 431
Abstract: The Paycheck Protection Program (PPP) was enacted during the pandemic to help struggling businesses cover operating costs incurred while they were temporarily forced to shut down. This article summarizes a recent divorce case in which the Vermont Supreme Court upheld a decision allowing PPP funds to be included in income for business valuation purposes. Griggs v. Griggs, No. 22-AP-186 (Vt. Sup. Ct. March 10, 2023).
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How financial experts can help in bankruptcy
November / December 2023
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 548
Abstract: There’s been a wave of business bankruptcies in 2023. Companies facing financial distress may find relief by assembling a team of experienced advisors to mitigate losses and, if possible, take corrective measures. This article highlights the role a financial professional can play in reorganizations, sales and liquidations.
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11th Circuit: Plaintiff entitled to damages for future lost profits
November / December 2023
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 654
Abstract: The U.S. Court of Appeals for the 11th Circuit in WL Alliance, LLC v. Precision Testing Group, Inc. upheld a jury award of $3.3 million, including $1.6 million in damages for lost future profits. The article summarizes why the appellate court upheld the district court’s decision to reject the defendants’ argument that lost future profits weren’t recoverable because they were too speculative. WL Alliance, LLC v. Precision Testing Group, Inc., No. 22-10780 (U.S. Court of Appeals, 11th Cir., Dec. 21, 2022).
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ES NPA Holding, LLC v. Commissioner – Tax Court finds arm’s-length sale was best evidence of value
November / December 2023
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 905
Abstract: A U.S. Tax Court case recently addressed the issue of whether a taxpayer received a capital interest or a profits interest in a partnership for services provided to the partnership. Capital interests are immediately taxable, while profits interests generally are tax-deferred. This article summarizes this case, which concluded that the characterization of the taxpayer’s interest depended on the partnership’s fair market value. A sidebar provides ideas to bridge the gap between the seller’s asking price and the buyer’s offer price. ES NPA Holding, LLC v. Commissioner, T.C. Memo. 2023-55.
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Apportionment: Does your damages expert understand this legal concept?
September / October 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 451
Abstract: In Niazi Licensing, the U.S. Court of Appeals for the Federal Circuit excluded the testimony of a damages expert on the proper royalty rate for an infringed method patent. This article summarizes the case and explains where the expert went wrong. Niazi Licensing Corp. v. St. Jude Medical S.C., Inc., No. 21-1864 (Fed. Cir. April 11, 2022).
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Due diligence is critical when buying a distressed business
September / October 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 563
Abstract: In the aftermath of the COVID-19 pandemic and the ensuing market volatility, some businesses are struggling to survive. This article explains that a distressed business may be a prime target for a takeover — but due diligence is critical to avoid overpaying.
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Ransomware attacks on the rise
September / October 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 619
Abstract: Cyber insurance providers — including Marsh and Resilience — are reporting upticks in ransomware claims in 2023. This article highlights this trend and provides best practices for preventing and responding to these attacks.
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Estate of Cecil v. Commissioner – Tax Court permits tax affecting of S corp earnings
September / October 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 857
Abstract: The debate about tax affecting when valuing pass-through entities for federal gift and estate tax purposes continues. “Tax affecting” refers to the practice of reducing a business’s projected future earnings for hypothetical corporate income taxes. This article explains why the U.S. Tax Court reluctantly allowed tax affecting in a recent case. Estate of Cecil v. Commissioner, T.C. Memo. 2023-24 (Tax Ct. Feb. 28, 2023). Gross v. Commissioner, T.C. Memo. 1999-254, aff’d, 272 F.3d 333 (6th Cir. 2001).
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Couple lets judge value their top marital asset – Absent expert testimony, court values interest in professional practice
September / October 2023
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 457
Abstract: The Court of Appeals of North Carolina recently upheld a trial court’s valuation of the wife’s interest in a dental practice for equitable distribution purposes. Neither spouse offered expert testimony. This article summarizes the case and explains why the appellate court found that the trial court’s market-based valuation approach, while “rudimentary,” was a reasonable basis for the value of the business interest. Logue v. Logue, 877 S.E.2d 887 (N.C. Ct. App. 2022).
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Tax Court writes new chapter in ongoing saga of “tax affecting”
September / October 2023
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 564
Abstract: In Estate of Cecil v. Commissioner, the U.S. Tax Court opined on whether “tax affecting” is appropriate when valuing noncontrolling, nonmarketable interests in pass-through entities using the income approach. This article summarizes the debate over tax affecting and why the court accepted tax affecting in this case. Estate of Cecil v. Commissioner, T.C. Memo 2023-24. Gross v. Commissioner, T.C. Memo. 1999-254, aff’d. 272 F. 3d 333 (6th Cir. 2001), cert. denied, 537 U.S. 827 (2002). Estate of Jones v. Commissioner, T.C. Memo. 2019-101.
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Limited time opportunity – Take advantage of the expanded unified gift and estate tax exemption
September / October 2023
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 680
Abstract: The Tax Cuts and Jobs Act doubled the unified federal gift and estate tax exemption — and inflation has boosted it even further. For individuals who make gifts in 2023 or die in 2023, the unified exemption is $12.92 million (up from $12.06 million for 2022). Unfortunately, this favorable tax law provision is scheduled to expire after 2025, unless Congress extends it. This article explains why it’s time for private business owners to consider transferring ownership to the next generation or their favorite charities.
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How valuators can help distressed companies
September / October 2023
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 841
Abstract: The COVID-19 pandemic took an economic toll globally, and many companies are still feeling its effects. This article discusses ways business valuation professionals can provide guidance for struggling companies — including by assessing risks and working with management to estimate going concern value in light of turnaround plans and, if necessary, liquidation value.
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Couple lets judge value their top marital asset – Absent expert testimony, court values interest in professional practice
September / October 2023
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 457
Abstract: The Court of Appeals of North Carolina recently upheld a trial court’s valuation of the wife’s interest in a dental practice for equitable distribution purposes. Neither spouse offered expert testimony. This article summarizes the case and explains why the appellate court found that the trial court’s market-based valuation approach, while “rudimentary,” was a reasonable basis for the value of the business interest. Logue v. Logue, 877 S.E.2d 887 (N.C. Ct. App. 2022).
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Tax Court writes new chapter in ongoing saga of “tax affecting”
September / October 2023
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 564
Abstract: In Estate of Cecil v. Commissioner, the U.S. Tax Court opined on whether “tax affecting” is appropriate when valuing noncontrolling, nonmarketable interests in pass-through entities using the income approach. This article summarizes the debate over tax affecting and why the court accepted tax affecting in this case. Estate of Cecil v. Commissioner, T.C. Memo 2023-24. Gross v. Commissioner, T.C. Memo. 1999-254, aff’d. 272 F. 3d 333 (6th Cir. 2001), cert. denied, 537 U.S. 827 (2002). Estate of Jones v. Commissioner, T.C. Memo. 2019-101.
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Limited time opportunity – Take advantage of the expanded unified gift and estate tax exemption
September / October 2023
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 680
Abstract: The Tax Cuts and Jobs Act doubled the unified federal gift and estate tax exemption — and inflation has boosted it even further. For individuals who make gifts in 2023 or die in 2023, the unified exemption is $12.92 million (up from $12.06 million for 2022). Unfortunately, this favorable tax law provision is scheduled to expire after 2025, unless Congress extends it. This article explains why it’s time for private business owners to consider transferring ownership to the next generation or their favorite charities.
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How valuators can help distressed companies
September / October 2023
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 841
Abstract: The COVID-19 pandemic took an economic toll globally, and many companies are still feeling its effects. This article discusses ways business valuation professionals can provide guidance for struggling companies — including by assessing risks and working with management to estimate going concern value in light of turnaround plans and, if necessary, liquidation value.