Valuation/Lit. sup./Fraud/M&A
Showing 1425–1440 of 1569 results
-
Make no mistakes — the IRS means business
March / April 2009
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 1062
Abstract: As part of the Pension Protection Act of 2006 (PPA), stiffer penalties await preparers, appraisers and taxpayers who misstate value or sidestep the appraisal process for tax purposes. This article discusses a recent court case that illustrates how overvaluation can prove costly in charitable contribution cases. The article also explains several new rules PPA introduced that revised the thresholds for substantial and gross valuation misstatements, discussing the potential implications for taxpayers. Case citation: Bergquist et al v. Commissioner, 131 T.C. No. 2, July 22, 2008.
-
Successful succession planning starts today
March / April 2009
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 1134
Abstract: U.S. companies currently face an economic crisis unparalleled since the Great Depression: rising energy and commodity prices, increasingly stringent lending requirements, volatile stock market values and a general sense of uncertainty. This article points out that, while many businesses are worth less today than under more favorable market conditions, private business owners now can gift a higher percentage of the business to heirs without incurring federal gift taxes or, possibly, estate taxes. The article notes that this is a good time to start, or revisit, succession plans and lists several ways valuators can help.
-
Employment discrimination claims – What’s in it for the claimant
March / April 2009
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 563
Abstract: With the economy in a recession and unemployment on the rise, the number of employment discrimination claims is likely to continue to increase. This article discusses the general remedies available to successful claimants regardless of whether the discrimination was caused by intentional acts. It also talks about the variables involved in determining compensatory and punitive damages, including evidence of actual harm to the claimant and malice on the part of the employer.
-
What’s normal? How valuators adjust earnings to reflect market value
March / April 2009
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 677
Abstract: When appraising a company, valuators scrutinize their subjects’ balance sheets, but they also recognize that those numbers only reflect a business’s “book value” at a point in time. To arrive at the most accurate market value, experts must adjust or “normalize” a company’s earnings. As this article explains, this process may involve adjusting such items as accounts receivable, inventory, taxes, prepaid expenses and contingent liabilities.
-
Show me the money – Tracing hidden business assets
March / April 2009
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 702
Abstract: To secure a fair and equitable resolution, attorneys in divorce cases may need to trace assets and income that a business owner spouse has hidden to reduce child support, alimony liability or the final settlement amount. This article discusses how forensic accountants trace hidden assets by looking for suspicious payments, on-book fraud schemes and the artificial reduction of a company’s earnings.
-
Calculating shareholder damages – Federal court answers some key questions
March / April 2009
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 1229
Abstract: A recent Eleventh Circuit court decision, Cox Enterprises, Inc. v. News-Journal Corp., demonstrates the role fair market value can play in shareholder litigation — even when a statute calls for fair value. This article summarizes the facts of the case and explains why the court’s ruling suggests that experts should account for the realities of a company’s circumstances when valuing its shares.
-
Ask the Advisor – Q. How can a business valuation help me plan my exit strategy?
February / March 2009
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 519
Abstract: The column argues that when an owner decides to move on — whether motivated by a planned event such as retirement or by unforeseen circumstances such as a health crisis — an accurate business valuation is essential. Services valuators provide, such as normalizing financial statements and suggesting small changes that can improve a company’s perceived value, are discussed briefly.
-
M&A insurance can shield your deal from risk
February / March 2009
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 807
Abstract: M&A insurance can protect both buyers and sellers from possible deal breakers, including hidden liabilities, negative tax treatment, valuation issues, legal obstacles and environmental hazards. This article discusses types of M&A insurance, such as representations and warranties, environmental, and tax liability, and helps readers understand when they might need specialized coverage.
-
Snake in the grass – Employee-related liabilities can poison your deal
February / March 2009
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 719
Abstract: A business buyer that fails to consider its target’s employee benefits could be putting its acquisition at risk. Benefits, retirement plans, health insurance and paid time off can eat away at the bottom line. Buyers are encouraged to determine which party will assume responsibility for such benefits as pension plans and COBRA coverage well before the transaction closes.
-
Strategic alliances – When two is better than one
February / March 2009
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 733
Abstract: This article explains how a strategic alliance may be an option for growing companies when a sale or acquisition isn’t feasible. Carefully chosen and executed alliances can yield many of the benefits of a successful merger — including increased revenue and market share and the acquisition of key employees — but without the time, cost or hassle. The advantages and potential drawbacks of joint ventures and contractual alliances are discussed.
-
Proving the alter ego case
Winter 2009
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 429
Abstract: Faced with valid claims against insolvent or cash-poor defendants, plaintiffs increasingly are arguing that these defendants represent the “alter ego” of their financially stronger parent companies. Alter ego litigation generally is sought to breach a defendant’s corporate structure and obtain access to the financial resources of its subsidiaries or individual shareholders. This article explains how financial experts can help both plaintiffs and defendants build their arguments in such cases.
-
Joint valuations remove bias from the equation
Winter 2009
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 395
Abstract: As this short article discusses, joint valuations can — in some circumstances — benefit both parties to a business valuation dispute. Conducted correctly, they can expedite the valuation process, relieve stress and reduce costs.
-
When is a discount for lack of marketability warranted?
Winter 2009
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 562
Abstract: Whether for purposes of buy-sell agreements, shareholder litigation, marital dissolutions or taxes, business valuations frequently require the application of a discount for lack of marketability (DLOM). This is particularly true when valuing a minority interest. This article outlines the 10 factors Judge David Laro of the U.S. Tax Court has enumerated as important when determining a DLOM and the three general categories they fall into.
-
A complex process made easier – Cox provides stock valuation guidance
Winter 2009
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 856
Abstract: Even where statutes directly address valuation of a company’s stock for shareholder litigation, the task is complicated. But the 11th Circuit Court of Appeals opinion in Cox Enterprises, Inc. v. News-Journal Corp. illustrates and provides guidance on issues relevant to this topic. This article summarizes the facts of the case and explains why confusion remains over the difference between fair value and fair market value.
-
Fraud at the top – Executive schemes can destroy a company
Winter 2009
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 769
Abstract: Fraud schemes committed by executives are among the most costly, so spotting the signs of executive fraud can literally save a company. This article highlights some of the signs executive fraud is occurring, such as an employee’s lack of cooperation with audits and an extravagant lifestyle. It encourages businesses to implement strong internal controls and make it difficult for high-ranking employees to override them.
-
No time like the present – Discounting future damages
January / February 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 597
Abstract: In commercial cases, plaintiffs often recover lost profits they would have earned in the future but for the defendant’s wrongful conduct. In those contexts, experts typically discount future damages to present value. This article explains the importance of recognizing the impact discounting can have on a damage award — and the dangers of overlooking it. The article explains how valuation experts approach their calculations of lost profits damages.