Valuation/Lit. sup./Fraud/M&A

Showing 1345–1360 of 1389 results

  • Federal court denies IRS access to taxpayer’s work product

    May / June 2008
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1112

    Abstract: A recent federal court decision lends support to taxpayers’ efforts to protect their tax accrual workpapers from disclosure to the IRS. The ruling in U.S. v. Textron Inc. (D.R.I. 2007) could prove critical in light of a relatively new accounting standard, FIN 48, which requires corporate taxpayers to document their uncertain tax positions and make related public disclosures. But because the years at issue in Textron occurred before the standard’s effective date, it remains unclear whether required public filing disclosures required will waive work product privilege.

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  • Ask the Advisor – Q: How can I prepare my business for a tighter credit cycle?

    April / May 2008
    Newsletter: Merger & Acquisition Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 481

    Abstract: This column suggests ways businesses can prepare for and better weather tightened credit conditions. These include keeping lenders informed, managing liquidity and working with a credit arranger to negotiate and develop credit terms and documents.

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  • Put your money where your mouth is – Communicating effectively with M&A stakeholders

    April / May 2008
    Newsletter: Merger & Acquisition Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 714

    Abstract: Clearly communicating an M&A with employees, investors and other stakeholders can mean the difference between a good deal and no deal. Market perceptions play a critical role in how mergers progress, so both sellers and buyers need to develop a formal communications plan that will help relieve anxiety about impending changes and drum up internal and external support. The plan should cover the timing and form of communications, explaining the benefits of the transaction and responding to frequently asked questions. (Updated 7/31/12)

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  • Does your business measure up? Benchmarking financial performance

    April / May 2008
    Newsletter: Merger & Acquisition Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 850

    Abstract: Benchmarking — or comparing a company’s financials to those of industry peers and its own historical performance — can help business sellers determine value and achieve a fair sale price, and may give buyers insight into the future profitability of a potential acquisition. This article explains which data is most important to potential acquirers and how sellers can prepare it to give the clearest picture of the business. It also provides a list of benchmarking data sources.

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  • Improve your turnaround’s forecast for long-term success

    April / May 2008
    Newsletter: Merger & Acquisition Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 724

    Abstract: Companies struggling with poor cash flow, inadequate capital and weak leadership are particularly vulnerable to economic downturns and today’s global business challenges. To turn an unprofitable company around, new owners must have a plan and be ready to implement it as soon as the ink on the deal is dry. As this article discusses, a buyer’s plan should include divestiture of unprofitable segments, a long-term cash management plan and a review of accounting and reporting systems. It also suggests ways for sellers of troubled businesses to prepare for buyer scrutiny.

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  • Jelke reverses Tax Court on discount for built-in gains tax

    Spring 2008
    Newsletter: Expert / Valuation & Litigation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 470

    Abstract: The recent appellate court decision in Estate of Jelke v. Commissioner (11th Cir. 2007) could dramatically affect estate tax liability. This article summarizes the case’s history and court’s ruling, and explains why it’s a boon to estate taxpayers and could be relevant to the valuation of C corporations in divorce matters.

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  • Calculating construction defect damages

    Spring 2008
    Newsletter: Expert / Valuation & Litigation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 357

    Abstract: Even construction jobs that finish on time and within budget can produce claims down the road if defects later arise. As this short article discusses, the remedy in a construction defect case usually comes down to the most feasible and reasonable repair that puts the owner in as close to the same position as if the contractor had performed properly. (Updated 8/22/12)

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  • How income reconstruction builds a case against fraudsters

    Spring 2008
    Newsletter: Expert / Valuation & Litigation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: Sometimes a company discovers the misappropriation of assets and has a guess as to who may be behind it but no direct evidence to back up its suspicions. A financial expert can help by using income reconstruction to show that an employee’s estimated actual income is higher than his or her known income. This article covers some of the common methods of income reconstruction and what circumstances may indicate that it should be used. (Updated 11/30/12)

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  • Accounting for mergers – New standard could influence purchase prices

    Spring 2008
    Newsletter: Expert / Valuation & Litigation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 822

    Abstract: This article talks about how the newly revised Financial Accounting Standards Board Statement No. 141R, Business Combinations, expands the scope of covered business combinations and revises how transaction costs will be recorded. The revised standard could affect merger negotiations, particularly over a company’s purchase price, and prompt earlier valuations of assets.

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  • Information underload – Financial experts can make, or break, the case for punitive damages

    Spring 2008
    Newsletter: Expert / Valuation & Litigation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 709

    Abstract: Attorneys often are reluctant to put their financial experts on the witness stand. But failing to use a CPA to provide jurors with the information and context they need to make a fair punitive damages award can backfire. As this article explains, CPAs can strengthen cases for or against punitive damages. Among other things, these experts can explain to a jury the defendant’s financial position, analyze any gains the defendant enjoyed because of the allegedly wrongful conduct, and break down and clarify financial statements.

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  • For what it’s worth: Valuation in the courts – S corporation dispute highlights valuation challenges

    Spring 2008
    Newsletter: Valuation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 564

    Abstract: This issue’s “For what it’s worth: Valuation in the courts” looks at a recent divorce case that demonstrates the significant impact that “tax-affecting” an S corporation can have on a business appraisal. The case also shows that court decisions can sometimes have bearing on valuation issues debated in other venues. Citations: Bernier v. Bernier (2007 Mass. LEXIS 598, May 7, 2007). Gross v. Commissioner of Internal Revenue (272 F. 3d 333, 6th Cir. 2007, cert. denied, 537 U.S. 827, 2002). Delaware Open MRI Radiology Associates v. Kessler (898 A 2d 290, 327, Del. Ct. Ch. 2006).

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  • Distinctive challenges: Appraising professional practices

    Spring 2008
    Newsletter: Valuation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 631

    Abstract: Professional practices — such as architecture, accounting, medical and law firms — present distinctive challenges for appraisers. Despite the divergent nature of their operations, however, professional practices do share a few common valuation denominators. This article looks at those denominators and how appraisers apply them. (Updated 11/14/12)

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  • The fair value remedy – Important considerations in minority shareholder disputes

    Spring 2008
    Newsletter: Valuation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 758

    Abstract: Minority shareholders who feel mistreated in a major business transaction can file suit against controlling owners. For instance, a minority shareholder might object to a stock-for-stock or “squeeze-out” merger. Or, if a proposed transaction will reduce a minority shareholder’s compensation, divert corporate assets — or both — he or she may file an oppression suit. This article explains how, in such cases, courts will often apply a fair value remedy. (Updated 2/7/12)

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  • Mergers and acquisitions – Appraisers can play critical role in private business sales

    Spring 2008
    Newsletter: Valuation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1061

    Abstract: Selling a private company for top dollar requires a team effort. Few private business owners have previous merger and acquisition (M&A) experience, making it essential that they seek input from outside professionals. In addition to attorneys, accountants and business brokers, appraisers can play a critical role in the sale of a private business. This article explains how. (Updated 2/7/12)

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  • Taking a WACC at the cost of capital

    March / April 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 454

    Abstract: The “cost of capital” can be an important component of an income-based valuation. And like many valuation terms, its precise meaning depends on the context. This brief article explains how appraisers use the weighted average cost of capital to derive a discount rate. It also discusses how appraisers determine a company’s appropriate capital structure — or relative percentages of debt and equity.

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  • Precise estimate needed for human capital value

    March / April 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 764

    Abstract: Most business owners can attest to the substantial time and expense involved in attracting and retaining quality talent. Yet from a valuation perspective, owners and their attorneys often need a more precise estimate of the value of a company’s human capital. This article discusses the variety of methods and approaches appraisers may use to come up with a well-founded, reliable workforce value. (Updated 5/21/12)

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