ADV

Showing 81–96 of 380 results

  • Court clarifies damages for ESOP fiduciary breach

    May / June 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 411

    Abstract: When an employee stock ownership plan (ESOP) is induced by the owner or other fiduciaries to overpay for the company’s stock, a court can order those fiduciaries to pay damages. This article summarizes how a Virginia trial court quantified damages in a recent fiduciary breach case. Pizzella (formerly Acosta) v. Vinoskey, No. 6:16-cv-00062 (W.D. Va. Aug. 2, 2019)

    Read More

  • Market approach: Is it right for your business?

    May / June 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 557

    Abstract: The market approach is often used to value private businesses. It derives value from pricing multiples based on comparable businesses or ownership interests that have been sold. This article provides an overview of two methods under this approach — the guideline M&A method and the guideline public company method — and various criteria that valuation experts may use to identify comparables. Estate of Gallo v. Commissioner, T.C. Memo 1985-363

    Read More

  • Filing charges against a fraudster

    May / June 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 656

    Abstract: After occupational fraud has been discovered, the case might proceed to civil litigation, criminal prosecution, both or neither. This article discusses the options victim-organizations face when fraud strikes and how in-house personnel and external forensic accounting experts can work together to help ensure that law enforcement receives the support it needs to prosecute a white collar criminal.

    Read More

  • Estate and gift tax valuations – 3 valuable lessons from the trenches

    May / June 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 840

    Abstract: The IRS and taxpayers rarely see eye-to-eye when valuing businesses for estate and gift tax purposes. This article summarizes three recent developments from the U.S. Tax Court, a federal district court and the IRS Office of Chief Counsel that deal with the issue of fair market value in a federal estate and gift tax context. A sidebar explains why the IRS wouldn’t extend an estate’s deadline for claiming a refund under the financial disability exception. Cavallaro v. Commissioner, T.C. Memo. 2019-144 (Tax Ct. Oct. 29, 2019) Carter v. United States, No. 18-cv-01380-HNJ (N.D. Ala. Aug. 9, 2019)

    Read More

  • Doyle v. Commissioner – Taxpayer can’t reduce taxable settlement for pain and suffering

    March / April 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 443

    Abstract: Internal Revenue Code Section 104 lays out the proper tax treatment for damages for injuries or illness received as the result of a lawsuit. This article discusses a recent U.S. Tax Court case in which a taxpayer tried to get around the rules by taking what the court described as “some weird deductions” to offset payments for emotional distress. Doyle v. Commissioner, T.C. Memo. 2019-8, February 6, 2019

    Read More

  • 4 common payroll fraud schemes

    March / April 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 594

    Abstract: Dishonest employees may test the waters with payroll scams before they attempt bigger, bolder fraud ploys. Staff training can help reduce an employer’s risk. This article covers four payroll-related scams: 1) doctored hours, 2) ghost employees, 3) commission fraud and 4) direct deposit redirect schemes.

    Read More

  • Beware of hidden business income and assets in divorce

    March / April 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 658

    Abstract: When divorcing spouses own a private business interest, dividing up the marital estate can become complicated — and even downright ugly. This article highlights potential red flags that could indicate that the spouse who controls a business may be downplaying profits or hiding business assets to protect his or her financial interests.

    Read More

  • AI rises to the forefront in law firm operations

    March / April 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 818

    Abstract: The American Bar Association has explicitly recognized the growing role for artificial intelligence (AI) in the practice of law. This article explains the importance of staying atop of these technologies and the ethical requirements, along with highlighting ways that attorneys can use AI to boost productivity and improve service. A sidebar explains how to apply AI at a law firm.

    Read More

  • Weak damages evidence can mean nominal damages

    January / February 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 444

    Abstract: A start-up company lost out on a jury’s $4.35 million lost profits award in a breach of contract action after a federal court found its expert’s “yardstick” analysis faulty. This article explains what happened, why the U.S. Court of Appeals for the Second Circuit upheld a $1 damages award and how the case may apply to other clients who rely on financial experts to quantify economic damages.

    Read More

  • Marroquin v. Marroquin – Evaluating goodwill for a one-person business

    January / February 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 610

    Abstract: In divorce cases, the treatment of a closely held business’s “goodwill” varies from state to state. It also depends on the nature of the business. This article discusses the concept of goodwill in a divorce context and highlights a recent Utah appeals court case which determined that there was no enterprise (institutional) goodwill in a business that entirely depended on the owner-spouse’s efforts and reputation.

    Read More

  • Control risk with a comprehensive ERM program

    January / February 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 621

    Abstract: Business owners can’t eliminate all risk factors. But they can manage their company’s risk profile by implementing an Enterprise Risk Management (ERM) program. This article explains how financial experts can help business owners adopt an integrated approach to assess and manage fraud risk.

    Read More

  • To tax-affect or not to tax-affect – Valuing pass-through businesses

    January / February 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 866

    Abstract: The debate in valuation circles over tax-affecting — reducing a pass-through entity’s projected future income for hypothetical corporate income taxes on that income — has heated up in recent years. This article outlines arguments for and against tax-affecting. It also explains how recent tax law changes may have leveled the playing field between C corporations and pass-through entities. A sidebar summarizes a recent case in which the U.S. Tax Court allowed tax-affecting methodology to account for the tax consequences of pass-through status.

    Read More

  • Calculating damages for intangibles

    November / December 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 414

    Abstract: Financial experts need some predictable building blocks to construct a reliable estimate of lost profits or reasonable royalties in cases involving intangible assets. This article highlights the types of evidence and analysis that may be needed to support an estimate of damages in breach of contract, infringement and other tort claims.

    Read More

  • When good employees go bad – Preventing and detecting employee cyberattacks

    November / December 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 588

    Abstract: Dishonest workers can initiate a cyberattack by stealing valuable information from a company’s computer network and using it for personal gain. This article explains how these crimes work, what motivates some employees to steal and ways companies can prevent and detect cyberattacks.

    Read More

  • Risky business – FAQs about the cost of capital

    November / December 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 663

    Abstract: Under the income approach to valuing a private business interest, an expert discounts the subject company’s future earnings using a rate of return that’s based on the risk of the investment. This article answers common questions that arise when evaluating the discount rate, which is also known as the “cost of capital.”

    Read More

  • How control and marketability affect the value of minority interests

    November / December 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 842

    Abstract: Discounts for lack of control and lack of marketability rank among the most contentious issues when valuing a minority interest in a privately held company. This article explains these discounts and the evidence that’s used to quantify them. A sidebar describes another discount that may apply to businesses with appreciated assets: the built-in gains discount.

    Read More