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Divorce Valuations: Active versus Passive Appreciation

Divorce Valuations: Active versus Passive Appreciation

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

In divorce cases it’s common for an interest in a closely held business or professional practice to be the marital estate’s most valuable asset. In many states, a valuator may be called upon to distinguish between active appreciation in the business’s...
Noncompete-Goodwill Relationship in Spotlight Again

Noncompete-Goodwill Relationship in Spotlight Again

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

K.T. v. M.T., 2015 Tex. App., LEXIS 8558 (Aug. 13, 2015) Can a solo practice have commercial goodwill, and how do fair market value and the notion of a covenant not to compete (CNTC) fit into the picture? A recent Texas divorce case raised all of these questions and...
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...
Why is the Valuation Date so Important?

Why is the Valuation Date so Important?

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

When considering how the value of an asset will be determined, it is common to contemplate which method the appraiser will use or whether the discounts might apply. However, one critical factor that may not immediately come to mind, is the appraisal date. What’s...
Court KOs Ownership Percentage as Rationale for DLOC

Court KOs Ownership Percentage as Rationale for DLOC

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

Sieber v. Sieber, 2015 Ohio App. LEXIS 2256 (June 15, 2015) Size does not matter, especially when it comes to applying a discount for lack of control. A recent Ohio ruling examines the use of a DLOC where the owner spouse held a small interest in a business, but...
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Recent Posts

  • 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
  • U.S. Tax Court Allows a Charitable Contribution Deduction for a Land Easement But Also Applies a Gross Valuation Misstatement Penalty
  • Appellate Court (Michigan) Orders a Second Remand to Value a Tax Loss Carryforward

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