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Solvency Opinion Based on Management Projections Faces Daubert Challenge

Solvency Opinion Based on Management Projections Faces Daubert Challenge

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

Official Committee of Unsecured Creditors v. Calpers Corp. Partners, LLC In a bankruptcy-cum-Daubert case that turned on solvency, a court recently rejected both parties’ claims that the opposing financial expert testimony was inadmissible. Among the myriad of attacks...
Court Says Restaurants Fail to Meet Requirements for COVID-19-Related Business Interruption Coverage

Court Says Restaurants Fail to Meet Requirements for COVID-19-Related Business Interruption Coverage

by Royer Advisors | Dec 11, 2024 | Court Rulings

Rose’s 1, LLC v. Erie Ins. Exch. State and federal courts have started to rule on breach of contract claims from plaintiffs whose businesses suffered economic losses triggered by the COVID-19 crisis. Thus far, the court decisions have not been favorable to the...
Indiana and South Carolina Courts Issue Key Discount Rulings

Indiana and South Carolina Courts Issue Key Discount Rulings

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

The Indiana Court of Appeals and the South Carolina Supreme Court recently issued noteworthy rulings on the appropriateness of discounts in valuing minority interests. The contexts in which the issue arose were different, but, in both cases, there was a compelled sale...
Tax Court Spurns IRS’ Gift Tax Valuation Theory and Methodology

Tax Court Spurns IRS’ Gift Tax Valuation Theory and Methodology

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

Grieve v. Commissioner In a gift tax dispute, the U.S. Tax Court recently found for the taxpayer when it rejected the unusual reasoning and methodology the Internal Revenue Service’s trial expert proposed to keep low the discounts applicable to the nonvoting...
‘Particular Facts’ Justify Discounts in Mandatory Buyback of Minority Interest, Says Missouri High Court

‘Particular Facts’ Justify Discounts in Mandatory Buyback of Minority Interest, Says Missouri High Court

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

Robinson v. Langenbach Context is “crucial,” the Supreme Court of Missouri recently said in upholding the use of discounts in the court-ordered buyout of a minority owner’s shares in a family business. At the same time, the court acknowledged that, “usually,” the...
Calculations of Value Are Admissible in Divorce, Alabama Appeals Court Confirms

Calculations of Value Are Admissible in Divorce, Alabama Appeals Court Confirms

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

Horne-Ballard v. Ballard About two years ago, in Rohling v. Rohling, an Alabama appeals court upheld a trial court’s decision to admit into evidence a qualified expert’s estimate about the value of the owner spouse’s business based on a calculation engagement....
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Recent Posts

  • U.S. Supreme Court Affirms Inclusion of Corporate-Owned Life Insurance in Value of Company for Estate Tax Purposes
  • Massachusetts Appellate Court Finds Double and Maybe Triple Dipping and Reverses and Remands
  • Iowa Appellate Court Affirms Date of Value and Value of Farming Operation in Shareholder Oppression Suit
  • New York Appellate Court Affirms Award of 20% of Appreciation of Business During Marriage to Wife and Awards Maintenance to Wife
  • Expert’s Testimony Is Excluded as to Solvency—Adjustments to the Balance Sheet of Debtor Were Inappropriate

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