Valuation/Lit. sup./Fraud/M&A
Showing 1–16 of 1425 results
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Why words matter when making defined value gifts
November / December 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 439
Abstract: Defined value gifts can be used to minimize gift tax on transfers of difficult-to-value assets, such as interests in a closely held business or family limited partnership. This article summarizes a recent U.S. Tax Court case that demonstrates the importance of using precise wording in transfer documents to protect transfers against unintended adverse tax outcomes. Nelson v. Commissioner, T.C. Memo 2020-81 (June 10, 2020).
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Forensic investigations – The ins and outs of questioned document examinations
November / December 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 519
Abstract: Forensic investigations almost inevitably require documentary evidence to be examined. Experts often look beyond the content of documents. They also may consider physical and latent evidence — such as handwriting, alterations, and faded or decomposed material. This article describes the objectives of questioned document examinations, the standards that may apply and the technological tools that experts use to analyze documents.
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Court rejects “apples-to-oranges” valuation analysis as unreliable
November / December 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 617
Abstract: The claim that a business valuation expert is making flawed comparisons can be devastating to the expert’s credibility and the client’s case. This article summarizes a recent Delaware Chancery Court decision to reject a damage calculation in its entirety, because the expert made an “apples-to-oranges” comparison. Dieckman v. Regency GP LP, C.A. No. 11130-CB (Del. Ch. 2021).
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Timing and financial expertise are critical in divorces today
November / December 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 886
Abstract: As the strictest measures against the COVID-19 pandemic subside, clients may be eager to cut ties with a spouse — the sooner, the better, especially for more complicated marital estates. This article explains how to expedite discovery and encourage settlement in a divorce. A sidebar highlights a divorce case where an expert’s conclusion that was based on limited information and analysis was rejected on appeal. King v. King, No. 1D19-3280 (Fl. App., March 4, 2021).
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Why words matter when making defined value gifts
November / December 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 439
Abstract: Defined value gifts can be used to minimize gift tax on transfers of difficult-to-value assets, such as interests in a closely held business or family limited partnership. This article summarizes a recent U.S. Tax Court case that demonstrates the importance of using precise wording in transfer documents to protect transfers against unintended adverse tax outcomes. Nelson v. Commissioner, T.C. Memo 2020-81 (June 10, 2020).
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Forensic investigations – The ins and outs of questioned document examinations
November / December 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 519
Abstract: Forensic investigations almost inevitably require documentary evidence to be examined. Experts often look beyond the content of documents. They also may consider physical and latent evidence — such as handwriting, alterations, and faded or decomposed material. This article describes the objectives of questioned document examinations, the standards that may apply and the technological tools that experts use to analyze documents.
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Court rejects “apples-to-oranges” valuation analysis as unreliable
November / December 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 617
Abstract: The claim that a business valuation expert is making flawed comparisons can be devastating to the expert’s credibility and the client’s case. This article summarizes a recent Delaware Chancery Court decision to reject a damage calculation in its entirety, because the expert made an “apples-to-oranges” comparison. Dieckman v. Regency GP LP, C.A. No. 11130-CB (Del. Ch. 2021).
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Timing and financial expertise are critical in divorces today
November / December 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 886
Abstract: As the strictest measures against the COVID-19 pandemic subside, clients may be eager to cut ties with a spouse — the sooner, the better, especially for more complicated marital estates. This article explains how to expedite discovery and encourage settlement in a divorce. A sidebar highlights a divorce case where an expert’s conclusion that was based on limited information and analysis was rejected on appeal. King v. King, No. 1D19-3280 (Fl. App., March 4, 2021).
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Wayne L. Ryan Revocable Trust v. Ryan – Beware of “downward bias” in buyout cases
November / December 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 432
Abstract: In shareholder disputes, a company (or the other shareholders) may elect to buy back shares of dissenting or oppressed shareholders to avoid corporate dissolution. The underlying consideration when courts evaluate the buyout price is fairness. This article summarizes a recent buyout case in which the Nebraska Supreme Court affirmed a district court’s finding that the “downward bias” of the company’s expert rendered his conclusion “inherently unreliable.” Wayne L. Ryan Revocable Trust v. Ryan, No. S-19-951 (Neb. April 9, 2021).
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Tracking down hidden personal and business assets
November / December 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 635
Abstract: To achieve a fair and equitable resolution in a divorce case, it may be necessary to trace assets and income that a spouse has hidden to reduce child support, alimony liability or the final settlement amount. Attorneys and clients don’t have to go it alone, however. This article discusses how financial experts can use lifestyle analysis and forensic accounting techniques to shed light on the situation.
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How to minimize the risk of financial misstatement
November / December 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 580
Abstract: Thanks to COVID-related financial pressures, market volatility and recent changes to the accounting rules, the risk of financial misstatement is currently high. Whether intentional or inadvertent, material misstatements can mislead investors and lenders who rely on them to make important business decisions. This article highlights some warning signs to watch for and ways clients can prevent misstatements from happening in the first place.
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Undervaluing assets comes back to bite estate
November / December 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 889
Abstract: Valuation matters are critical in gift and estate planning. This article summarizes two recent cases where the U.S. Tax Court addressed value-related issues. The court sided with the IRS in one case (Estate of Morrissette) and the estate in the other (Estate of Jackson). In both cases, the court’s decision came down to whether the expert applied reasonable analysis to the facts of the case. Estate of Clara M. Morrissette v. Commissioner, T.C. Memo. 2021-60 (Tax Ct. May 13, 2021). Estate of Michael J. Jackson v. Commissioner, T.C. Memo. 2021-48 (Tax Ct. May 3, 2021).
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Rochkind v. Stevenson – Maryland gets on board with Daubert
September / October 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 451
Abstract: Maryland’s highest court has belatedly joined the majority of jurisdictions in the United States in adopting the 1993 Daubert test for determining the admissibility of expert scientific testimony. This article explains why the court decided to abandon the state’s former “two-channel” approach in favor of a broader 10-factor approach. Rochkind v. Stevenson, No. 24-C-11-008722 (Md. Aug. 28, 2020). Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Frye v. United States, 293 F. 1013 (D.C. Cir 1923). Reed v. State, 283 Md. 374, 381 (1978).
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Using the statement of cash flows to spot fraud
September / October 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 573
Abstract: Fraud studies show that cash is the most frequently stolen business asset. The statement of cash flows shows how cash changed during the year. This article explains how cash from operations can be analyzed to help detect fraud and financial misstatement scams.
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How to value a business in an uncertain marketplace
September / October 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 673
Abstract: The COVID-19 pandemic has dramatically altered the business world, forcing valuation experts to rethink some of their forecasting models and methods. This article explains how experts approach business valuation assignments differently in today’s volatile marketplace.
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Do your clients understand the tax treatment of their settlements?
September / October 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 856
Abstract: A client’s elation over receiving a healthy settlement amount can quickly turn sour when the tax implications are revealed. This article summarizes two recent rulings from the U.S. Tax Court that serve as valuable reminders that “gross income” is defined broadly, while statutory exclusions, including those for damages, are narrowly construed. A sidebar explains the return of capital exclusion. Stassi v. Commissioner, No. 2021-5 (Tax Ct., Feb. 8, 2021). Blum v. Commissioner, No. 2021-18 (Tax Ct., Feb. 18, 2021).