On Liquidation Tax Matters, Partner Would Not Receive Any Proceeds, Thus the Interest Received Would Be a Nontaxable Profits Interest

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

ES NPA Holding, LLC v. Comm’r, T.C. Memo 2023-55 The Tax Court ruled that the Class C units were a profits interest because, applying the fair  market value of the LLC at the time of receipt, the partner would not receive any proceeds  from a liquidation at that time....

Arizona Appeals Court Affirms Trial Court’s Acceptance of a Calculation of Value

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

Mikalacki v. Rubezic This Arizona divorce appeal affirmed the trial court’s acceptance of a calculation of value the wife’s expert, Brendan Kennedy, offered to determine the value of the couple’s law firm awarded to the husband in the trial. The husband appealed other...

Plaintiff Fails to Convince the Court That Physical Loss or Physical Damage Has Occurred; Virus Clause Applies and Defendant’s Motion to Dismiss Is Granted

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

Family Tacos, LLC v. Auto Owners Ins. Co. Summary In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants a motion to dismiss the plaintiff’s claims. Plaintiff operates two restaurants in Ohio, which has incurred...

Connecticut Supreme Court Clarifies Double-Counting Rule

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

Oudheusden v. Oudheusden The Connecticut Supreme Court clarified this jurisdiction’s approach to double counting (or double-dipping in a recent decision). The court acknowledged that it had never been asked to determine whether the rule against double counting applied...

Expert’s Failure to Review Debtor’s Reorganization Plan Results in ‘Defective’ Hotel Appraisals

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

The key issue in the bankruptcy proceedings involving a debtor entity that owned two hotels was the value of the hotels, which would control the amount of the main creditor’s secured and unsecured claims. The valuation date was October 2020, a point when the effect of...

Court Declines Motion to Dismiss Claim of Coverage for Loss of Income but dismisses the Claim of Coverage Under the Civil Authority Provision

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

Derek Scott Williams PLLC v. Cincinnati Ins. Co. Summary In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court declined to grant a motion to dismiss the claim of the plaintiff as to coverage for loss of business income...