Louisiana Court of Appeals Disallows a Discount for Trapped-In Capital Gains Taxes and a Reduction in Receivables for Collectability

by Royer Advisors | Dec 11, 2024 | Court Rulings

ShopRite, Inc. v. Gardiner The Court of Appeals was asked to review the trial court’s determinations of fair value for the shares of stock of a withdrawing shareholder. Shawne Gardiner was a withdrawing shareholder in ShopRite Inc. (3.8% interest) and Tobacco Plus...

The Jury Verdict Cannot Stand Because It Was Based on an Expert’s Incompetent Report, and a New Trial Is Ordered

by Royer Advisors | Dec 11, 2024 | Court Rulings

State Route 00700, Section 21H v. Bentleyville Garden Inn, Inc. The jury’s verdict in the eminent domain trial could not stand because the jury relied solely on the valuation of the PennDOT’s expert, “which was incompetent.” He limited the damages to the partial...

The Nebraska District Court Is Reversed in Its Determination of Fair Value Since It Applied Discounts, Determined Going Concerned as the Premise of Value, and Allowed Tax Liability for Deferred Tax

by Royer Advisors | Dec 11, 2024 | Court Rulings

Bohac v. Benes Serv. Co. In this case, the Supreme Court of Nebraska affirmed, vacated in part, and reversed and remanded with directions. The holdings of the Supreme Court included: (1) The district court erred in its determination of fair value (FV) in allowing...

California Appellate Court Affirms Exclusion of Testimony From Witness as Being Based on Inadmissible Hearsay Evidence

by Royer Advisors | Dec 11, 2024 | Court Rulings

HMH Enters. v. TAG Enters The plaintiffs contended the trial court erred in granting two of the defendant’s motions to exclude evidence of the plaintiff’s damages. The appellate court affirmed. The lawsuit concerned the contemplated sale of a laundromat...

Minnesota Appellate Court Upholds Prejudicial Conduct to Oppressed Shareholder and Affirms Disallowance of Marketability Discount

by Royer Advisors | Dec 11, 2024 | Court Rulings

Gerring Props. v. Gerring The appellate court of Minnesota considered appeals and cross-appeals in a series of shareholders’ disputes. The appellants are Gerring Properties Inc. (GP) and Quality CarWash Operations Ltd. (QCW). QCW operated a family-owned car-wash...

In a Divorce Case, the California Court of Appeal Rejects Discount for Taxes Not Immediate and Specific But Allows a DLOM

by Royer Advisors | Dec 11, 2024 | Court Rulings, Divorce Litigation

Harvey v. Harvey This was an appeal and across-appeal in a California divorce case. Michael and Cynthia Harvey were married in 1988. Three years later, Michael formed Enviro Tech ChemicalServices Inc. (Enviro Tech). By 2010, Harvey’s jointly owned 825 shares of...