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...

One-Third Partner in Real Estate Sued to Have the Partnership Dissolved Then Asked to Vacate His Dissolution Assertion, Which the Appellate Court Denied

by Royer Advisors | Dec 11, 2024 | Court Rulings

Guttman v Guttman Bruce Guttman (Bruce), Phillip Guttman (Phillip), and Judith Douglas (Judith) are siblings and co-equal general partners of the Guttman Family Limited Partnership (the partnership), which owns real estate in Los Angeles. Bruce sued to dissolve the...

Federal Appellate Court, 4th District, Affirms District Court as to Violation of ERISA but Allows Offset of Debt Forgiveness in Determining Damages

by Royer Advisors | Dec 11, 2024 | Court Rulings, Debt & Financing

Walsh v. Vinoskey This case was an appeal from the well-publicized district court case regarding the violation of ERISA regarding the sale of stock by the company owner to a company ESOP. The appellate court affirmed that the district court did not err, finding that...