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Court Disapproves of Nonexpert Valuation of Key Marital Asset

Court Disapproves of Nonexpert Valuation of Key Marital Asset

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

Lacoste v. Lacoste, 2016 Miss. App. LEXIS 460 (July 19, 2016)  A recent Mississippi divorce case highlights the complexity of valuing a small family business as well as the importance of an accurate valuation to achieving an equitable distribution of marital assets....
Reclassifying Business Expenses as Constructive Dividends

Reclassifying Business Expenses as Constructive Dividends

by Royer Advisors | Dec 11, 2024 | Court Rulings, Deductions, IRS Regulation, Tax Planning, Tax Preparation

In order to deduct an expense as a business expense, it must be both ordinary and necessary. An ordinary expense is one that is common and accepted in your field of business, and a necessary expense is one that’s helpful and appropriate for your business. There...
Court Deems Future Lost Profits Formula an Exercise in Speculation

Court Deems Future Lost Profits Formula an Exercise in Speculation

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

Mattress Closeout Ctr. IV, LLC v. Panera, LLC, 2016 U.S. Dist. LEXIS 91881 (July 15, 2016) Courts are not looking to experts for creative ways to calculate damages. They want a calculation based on reasonable certainty. In a recent case, the court decided to throw out...
Court Digs Through Appreciation Issues in Complex Divorce Case

Court Digs Through Appreciation Issues in Complex Divorce Case

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

Kminek-Nierenberg v. Kenneth Nierenberg, 2016 N.J. Super. Unpub. LEXIS 2015 (Sept. 8, 2016) A complex New Jersey divorce litigation with multiple defendants and several family businesses illustrates the challenges appraisers and the trial court faced in determining...
‘Persuasive’ Defense Expert Testimony Defeats ESOP Overpayment Claims

‘Persuasive’ Defense Expert Testimony Defeats ESOP Overpayment Claims

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

Fish v. Greatbanc Trust Co., 2016 U.S. Dist. LEXIS 137351 (Sept. 1, 2016) In an important ESOP decision, the court dismissed claims that the defendants had committed breaches of fiduciary duty and engaged in a prohibited transaction. The case turned on the soundness...
Tax Court Interprets Exceptions to the PAL Rules for Rental Properties

Tax Court Interprets Exceptions to the PAL Rules for Rental Properties

by Royer Advisors | Dec 11, 2024 | Court Rulings, IRS Regulation, Tax Planning, Tax Preparation

Due to depreciation write-offs and other allowable deductions, Maine real estate owners who rent their properties often incur tax losses. However, the ability to deduct those losses might be postponed indefinitely by the passive activity loss (PAL) rules. In general,...
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Recent Posts

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

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