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Discovery Reveals Expert’s Lack of Independence

Discovery Reveals Expert’s Lack of Independence

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

TWC I, L.L.C. v. Damos, 2015 Iowa App. LEXIS 438 (May 20, 2015) It does not pay to fudge on an expert report. That’s the message from a court in a state statutory appraisal action in which discovery evidence cast doubt on the expert’s truthfulness and independence....
Chancery Validates Tax Affecting in Fair Value Case

Chancery Validates Tax Affecting in Fair Value Case

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

Owen v. Cannon, 2015 Del. Ch. LEXIS 165 (June 17, 2015) A joint fiduciary duty and statutory appraisal suit provided an opportunity for the Delaware Court of Chancery’s new chief, Chancellor Bouchard, to rule on the issue of tax affecting. In discussing the choices...
‘Loan Payments’ Can Be Taxable Corporate Distributions to Shareholders

‘Loan Payments’ Can Be Taxable Corporate Distributions to Shareholders

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

When purported loan payments are recast as corporate distributions to shareholders, there can be negative tax consequences. The courts, in some cases, have ruled that withdrawals from two closely held corporations were constructive corporate distributions rather than...
Key Ruling on Loss of Beer Franchise Contracts

Key Ruling on Loss of Beer Franchise Contracts

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

Tri County Wholesale Distributors v. Labatt USA Operating Co. LLC, U.S. Dist. LEXIS 81914 (June 24, 2015) What is the best way to calculate the loss of well-known beer brands to a distributor whose franchise contract was lawfully terminated? This question, implicating...
Adjusted Merger Price Superior to Other Valuation Methods

Adjusted Merger Price Superior to Other Valuation Methods

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

LongPath Capital, LLC v. Ramtron International Corp., 2015 Del. Ch. LEXIS 177 (June 30, 2015) The Delaware Court of Chancery was a hive of activity during summer 2015. In two months, the court issued a number of key valuation decisions—all long and deep. The following...
Tax Court Tacitly Approves of IRS Solvency Assessment

Tax Court Tacitly Approves of IRS Solvency Assessment

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

Kardash v. Commissioner, 2015 Tax Ct. Memo LEXIS 69 (March 18, 2015) A Tax Court memo resulting from a transferee liability case includes an informative discussion of the valuation methodologies the parties’ solvency experts used to determine the company’s fair market...
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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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