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Proper Damages Measure Is Lost Profits Calculation, Not DCF-Based Loss Analysis

Proper Damages Measure Is Lost Profits Calculation, Not DCF-Based Loss Analysis

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

Precision Kidd Acquisition, LLC v. Pass This Pennsylvania appellate court decision (unpublished) includes an informative discussion of how to measure damages arising out of a merger in which the seller allegedly failed to inform the buyer during negotiations that one...
Tax Court Rejects Claimed Deduction for Management Fees

Tax Court Rejects Claimed Deduction for Management Fees

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

Aspro, Inc. v Commissioner The U.S. Tax Court recently agreed with the Internal Revenue Service that management fees a corporation paid to its three shareholders over a three-year period were not deductible since none of the fees were paid “purely for services” and...
Court of Chancery Sanctions Use of Asset Approach in Complex Appraisal Case

Court of Chancery Sanctions Use of Asset Approach in Complex Appraisal Case

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

In re Happy Child World, Inc. A low-profile appraisal case in front of the Delaware Court of Chancery raised important valuation questions, including how the court should determine the fair value of a nonoperating entity and how it should deal with the value of claims...
Overstated’ Projections Sink Plaintiff’s Fair Value Determination

Overstated’ Projections Sink Plaintiff’s Fair Value Determination

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

Magarik v Kraus Earlier this year, a New York trial court presiding over a buyout dispute featuring an online wholesaler of faucets, sinks, and fixtures rebuffed the departing shareholder’s valuation. His expert’s discounted cash flow analysis collapsed on account of...
Indiana and South Carolina Courts Issue Key Discount Rulings

Indiana and South Carolina Courts Issue Key Discount Rulings

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

The Indiana Court of Appeals and the South Carolina Supreme Court recently issued noteworthy rulings on the appropriateness of discounts in valuing minority interests. The contexts in which the issue arose were different, but, in both cases, there was a compelled sale...
Tax Court Spurns IRS’ Gift Tax Valuation Theory and Methodology

Tax Court Spurns IRS’ Gift Tax Valuation Theory and Methodology

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

Grieve v. Commissioner In a gift tax dispute, the U.S. Tax Court recently found for the taxpayer when it rejected the unusual reasoning and methodology the Internal Revenue Service’s trial expert proposed to keep low the discounts applicable to the nonvoting...
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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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