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State Tax Court Trips Over Its Own EO Analysis

State Tax Court Trips Over Its Own EO Analysis

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

Guardian Energy, LLC v. County of Waseca, 2015 Minn. LEXIS 437 (Aug. 12, 2015) Quantifying external obsolescence (EO) poses a challenge even for experienced appraisers. No wonder the Minnesota tax court recently got into trouble when it rejected the analyses of the...
‘Reasonably Equivalent Value’ Analysis Meets FMV Standard

‘Reasonably Equivalent Value’ Analysis Meets FMV Standard

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

In re Mercury Cos., 2015 Bank. LEXIS 3443 (Oct. 9, 2015) (In re Mercury II) After filing for Chapter 11 bankruptcy, the plaintiff claimed the sale of certain subsidiaries to the defendant entities was an avoidable fraudulent transfer. The Bankruptcy Court considered...
No Legal Barrier to Expert’s Adjusted Lost Profits Analysis

No Legal Barrier to Expert’s Adjusted Lost Profits Analysis

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

Akamai Techs., Inc. v. Limelight Networks, Inc., 2015 U.S. App. LEXIS 19848 (Nov. 16, 2015) In a protracted patent case, the defendant challenged the jury’s lost profits award to the plaintiff, claiming it relied on unsound expert testimony. The price disparity...
Covenants Not to Compete and Personal Goodwill

Covenants Not to Compete and Personal Goodwill

by Royer Advisors | Dec 11, 2024 | Business Plans, Court Rulings, Divorce Litigation, Financial Planning, Valuations

A covenant not to compete prevents the seller from competing in the same industry for a specified time period and within a specified geographic range, and on the part of the seller, is similar to title insurance to the buyer of the business. In this sense, it protects...
Expert’s Application of Asset Approach ‘Defies Common Sense’

Expert’s Application of Asset Approach ‘Defies Common Sense’

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

In re Marriage of Hartung, 2015 Iowa App. LEXIS 688 (Aug. 5, 2015) Valuation methodology also was at the center of an Iowa divorce case in which the trial court found one method entirely inappropriate for the situation at hand and the other flawed in the way the...
Appraiser Lacks Necessary Valuation Expertise, Dissent Says

Appraiser Lacks Necessary Valuation Expertise, Dissent Says

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

Shaffer v. Visaggio’s, Inc., 2015 Pa. Super. Unpub. LEXIS 2403 (July 29, 2015)  A Pennsylvania dissenting shareholder case raised questions about who is qualified to resolve valuation issues as well as what constitutes competent financial evidence. Valuators may find...
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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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