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Court Disapproves of Use of Damages Model to Establish Liability

Court Disapproves of Use of Damages Model to Establish Liability

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

Select Comfort Corp. v. Tempur Sealy Int’l, Inc.  An economic damages case featuring two major mattress manufacturers and claims of false advertising provides an insightful discussion of two theories of damages: disgorgement and lost profits. The court rejected one of...
Chancery Says Control Premiums Are Real and Legitimate

Chancery Says Control Premiums Are Real and Legitimate

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

In re Books a Million Stockholders Litig., 2016 Del. Ch. LEXIS 154 (Oct. 10, 2016) The Delaware Court of Chancery dismissed a minority shareholder challenge to a going-private merger, concluding the defendant directors did not act in bad faith when they favored the...
Shareholder Approval ‘Cleanses’ Potential Undervaluation

Shareholder Approval ‘Cleanses’ Potential Undervaluation

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

In re OM Group, Inc. Stockholders Litig., 2016 Del. Ch. LEXIS 155 (Oct. 12, 2016.) Shareholders protesting what they considered a rushed sale at a bargain basement price suffered defeat in the Delaware Court of Chancery when the court ruled strong shareholder approval...
Bad Debt Losses: Can You Deduct Loans Gone Bad?

Bad Debt Losses: Can You Deduct Loans Gone Bad?

by Royer Advisors | Dec 11, 2024 | Business Plans, Court Rulings, Debt & Financing, Financial Planning, IRS Regulation, Tax Planning, Tax Preparation

When individual taxpayers claim deductions for bad debt losses, the IRS is always skeptical. Why? Losses from purported loan transactions often fail to meet the tax-law requirements for bad debt loss deductions. For example, a taxpayer might try to write off a capital...
Reasonable Compensation Analysis Ignores Objective Evidence, Tax Court Says

Reasonable Compensation Analysis Ignores Objective Evidence, Tax Court Says

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

Transupport, Inc. v. Commissioner, 2016 Tax Ct. Memo LEXIS 214 (Nov. 23, 2016) Expert independence was front and center as an issue in the Exelon tax case. Now comes, a reasonable compensation case in which the Tax Court zeroed in on the same point. The court rebuked...
Market Data Approach ‘Particular Unsuitable’ to Valuing Feature Film

Market Data Approach ‘Particular Unsuitable’ to Valuing Feature Film

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

Holder v. Howe, 2016 Cal. App. Unpub. LEXIS 8989 (Dec. 14, 2016) A bankruptcy-related suit in front of the California Court of Appeal turned on the issue of how to value an aged film that never made any money. The trial court dismissed the plaintiff expert’s approach...
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Recent Posts

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  • 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
  • North Carolina Court of Appeals Affirms Trial Court as to Inclusion of Personal Goodwill

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