Valuation/Lit. sup./Fraud/M&A
Showing 17–32 of 1569 results
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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.
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Is your expert independent?
July / August 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 418
Abstract: Even the appearance of bias can be detrimental to an expert witness’s credibility. In today’s legal environment, it’s common to discredit an expert based on his or her relationship with counsel, the client or the judge. This article examines three common red flags that indicate an expert may lack independence.
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Brooks v. Commissioner – “Gross” overvaluation of easement donation leads to 40% tax penalty
July / August 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 552
Abstract: It’s generally not a good sign when the U.S. Tax Court describes your expert’s value conclusion as “incredible as a practical matter.” Recently, taxpayers who claimed charitable contribution deductions for donating a conservation easement learned that lesson the hard way. Not only did the court reject the value provided by the taxpayers’ expert, but it also assessed a 40% penalty for a “gross valuation misstatement.” This article summarizes this recent case. Brooks v. Commissioner, T.C. Memo. 2022-122, Dec. 19, 2022.
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How to investigate fraud claims
July / August 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 608
Abstract: When it comes to uncovering the truth about fraud suspicions, the job is best left to experienced forensic accountants. They’re trained to follow the footprints criminals may leave behind and help build a defensible case. This article discusses best practices that forensic accountants use to conduct interviews and gather evidence.
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Expert testimony – Defense’s challenges go to weight — not admissibility
July / August 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: The resolution of a federal Rule 702 and Daubert motion in an ongoing complex litigation shows how a federal judge views the admissibility of expert testimony versus weight. This article summarizes why the U.S. District Court for the Northern District of Texas ruled that several arguments against admissibility amounted to issues of weight that should be left to the jury. A sidebar highlights four factors that are considered in Daubert challenges and potential upcoming changes to Federal Rule of Evidence 702. VeroBlue Farms U.S., Inc. v. Wulf, et al., Civil Action 3:19-CV-0764-X (N.D. Tex. Mar. 13, 2023). Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).
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Consultants vs. expert witnesses: It pays to hire both
July / August 2023
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 433
Abstract: Outside professionals can play a critical role in litigation, particularly in cases involving complex financial or accounting issues. But it’s important to understand that these experts can serve two distinct roles as 1) consultants and 2) expert witnesses. This article explains the advantages of keeping these roles separate, rather than using one expert for both.
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Ramcell, Inc. v. Alltel Corporation – Court’s DCF analysis nearly quadruples stock valuation
July / August 2023
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 573
Abstract: In a recent appraisal action, the Delaware Chancery Court determined that the fair value of the petitioner’s stock was $11,464 per share using the discounted cash flow (DCF) method. This was nearly four times the consideration received in connection with a short-form merger under Delaware law. This article provides a summary of the court’s ruling. Ramcell, Inc. v. Alltel Corporation, C.A. No. 2019-0601-PAF (Del. Ch. October 31, 2022).
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How to communicate statistical evidence to jurors
July / August 2023
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 639
Abstract: Statistical evidence can be pivotal in many types of commercial litigation related to liability and economic damages. But this type of evidence can cause jurors’ eyes to glaze over with boredom, lack of comprehension or skepticism — unless it’s presented just right. This article describes ways to engage jurors and overcome hurdles when presenting statistical evidence in court.
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Using earnouts and CVRs in M&A transactions
July / August 2023
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 847
Abstract: Earnouts can help bridge the valuation gap between buyers and sellers in mergers and acquisitions. This article provides an overview of the complex accounting and tax issues that earnouts and contingent value rights (CVRs) may raise. A sidebar highlights recent IRS guidance on structured attorneys’ fee arrangements. Childs v. Commissioner, 103 T.C. 634 (1994), aff’d without opinion, 89 F.3d 856 (11th Cir. 1996).