U.S. District Court Rules on Known or Knowable Issue and Allows Testimony of SEC Valuation Expert—Can Be Challenged on Cross-Examination

by Royer Advisors | Dec 11, 2024 | Court Rulings

SEC v. Bluepoint Inv. Counsel The opinion digested here was a short ruling on three motions to exclude testimony. We discuss the motion to exclude (by inference) the testimony of the SEC’s expert, Ms. McMahon. The defendant’s motion asked the court to exclude any...

U.S. District Court Partially Denies Motion for Summary Judgment Regarding Qui Tam Case on Excess Purchase Price Under the False Claims Act

by Royer Advisors | Dec 11, 2024 | Court Rulings

Kuzma v. N. Ariz. Healthcare Corp This was a case regarding a motion for summary judgment against the plaintiff, Gregory Kuzma, alleging violations of the False Claims Act (FCA) by the defendants, Northern Arizona Healthcare Corp. et al. (NAHC). NAHC acquired the...

Arizona Appeals Court Affirms Trial Court’s Acceptance of a Calculation of Value

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

Mikalacki v. Rubezic This Arizona divorce appeal affirmed the trial court’s acceptance of a calculation of value the wife’s expert, Brendan Kennedy, offered to determine the value of the couple’s law firm awarded to the husband in the trial. The husband appealed other...

On Remand, the Tax Court Determines the Value of a Conservation Easement From a Golf Course

by Royer Advisors | Dec 11, 2024 | Court Rulings

Champions Retreat Golf Founders, LLC v. Comm’r, T.C. The Tax Court, on remand from the 11th Circuit, which decided that the taxpayer was entitled to a charitable donation for a donation of a conservation easement, valued that interest to determine the amount of the...

Plaintiff’s Expert Waives Work Product Protection

by Royer Advisors | Dec 11, 2024 | Court Rulings

Dentists Ins. Co. v. Yousefian The central issue, in this case, was the defendant’s claim for business property damages to tenant improvements in his former orthodontics suite. The parties disagreed over the definition of “tenant improvements” that the policy covered....

5th Circuit Court of Appeals Upholds Tax Court Finding That Taxpayer Gifted a Percentage of Partnership Interests and Not a Fixed Amount

by Royer Advisors | Dec 11, 2024 | Court Rulings, Tax Planning

Nelson v Commr., 2021 “Mary P. Nelson and James C. Nelson appeal the Tax Court’s denial of their petition for a redetermination of a deficiency of gift tax issued by the commissioner of Internal Revenue for the tax years 2008 and 2009. For the following reasons, we...