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Improper Use of Active/Passive Framework Skewers Valuation

Improper Use of Active/Passive Framework Skewers Valuation

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

Bair v. Bair  When confronted with quantifying the appreciation of non-marital property, it is common for valuators first to classify the change in value as “active” or “passive” and then do the valuation. A Florida case shows that, when applied prematurely, this...
In Controversial Move, Tax Court Tackles ‘Double Inclusion’ Problem 

In Controversial Move, Tax Court Tackles ‘Double Inclusion’ Problem 

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

Estate of Powell v. Commissioner  Given the unfavorable optics of a recent case, the Tax Court’s finding that the value of assets transferred from the decedent to a family limited partnership was includible in the value of the decedent’s gross estate is not...
Balance Your Right to Monitor Communications with Employees’ Privacy Rights

Balance Your Right to Monitor Communications with Employees’ Privacy Rights

by Royer Advisors | Dec 11, 2024 | Court Rulings

Have you considered monitoring your employees’ communications at work? It’s a delicate balance to create a policy to monitor employees activities and protect your company without violating employees’ legal privacy protections. But you may have legitimate reasons for...
Expert’s Damages Opinion Specific Enough for Class Certification Stage

Expert’s Damages Opinion Specific Enough for Class Certification Stage

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

Willis v. Big Lots, Inc. In what is becoming a common practice, the defendants in a potential securities class action filed a Daubert challenge to exclude financial expert testimony at the class certification stage. Although courts are divided whether Daubert should...
Appreciation Case Highlights Contribution by Non-Owner Spouse

Appreciation Case Highlights Contribution by Non-Owner Spouse

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

Allison v. Allison A Michigan divorce case that centered on the non-owner spouse’s right to the appreciation in value of allegedly separate property is informative as it shows what factors the court considers for its active/passive analysis. However, the size of the...
Michigan Court Explains How to Handle Retained Earnings in Divorce Cases

Michigan Court Explains How to Handle Retained Earnings in Divorce Cases

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

Jensen v. Jensen, 2018 Mich. App. LEXIS 40 (Jan. 9, 2018) This Michigan divorce case involving an S corporation that was the owner’s separate property raised a number of valuation-related questions, including an issue of first impression: Are the earnings a closely...
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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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