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Proper Damages Measure Is Lost Profits Calculation, Not DCF-Based Loss Analysis

Proper Damages Measure Is Lost Profits Calculation, Not DCF-Based Loss Analysis

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

Precision Kidd Acquisition, LLC v. Pass This Pennsylvania appellate court decision (unpublished) includes an informative discussion of how to measure damages arising out of a merger in which the seller allegedly failed to inform the buyer during negotiations that one...
Tax Court Rejects Claimed Deduction for Management Fees

Tax Court Rejects Claimed Deduction for Management Fees

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

Aspro, Inc. v Commissioner The U.S. Tax Court recently agreed with the Internal Revenue Service that management fees a corporation paid to its three shareholders over a three-year period were not deductible since none of the fees were paid “purely for services” and...
Overstated’ Projections Sink Plaintiff’s Fair Value Determination

Overstated’ Projections Sink Plaintiff’s Fair Value Determination

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

Magarik v Kraus Earlier this year, a New York trial court presiding over a buyout dispute featuring an online wholesaler of faucets, sinks, and fixtures rebuffed the departing shareholder’s valuation. His expert’s discounted cash flow analysis collapsed on account of...
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...
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Recent Posts

  • A New Maine Tax Law Could Reduce Your Federal Tax Bill — Here’s What You Need to Know
  • 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

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