by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations
Bair v. Bair When confronted with quantifying the appreciation of non-marital property, it is common for valuators first to classify the change in value as “active” or “passive” and then do the valuation. A Florida case shows that, when applied prematurely, this...
by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations
Estate of Powell v. Commissioner Given the unfavorable optics of a recent case, the Tax Court’s finding that the value of assets transferred from the decedent to a family limited partnership was includible in the value of the decedent’s gross estate is not...
by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations
Willis v. Big Lots, Inc. In what is becoming a common practice, the defendants in a potential securities class action filed a Daubert challenge to exclude financial expert testimony at the class certification stage. Although courts are divided whether Daubert should...
by Royer Advisors | Dec 11, 2024 | Court Rulings, Divorce Litigation, Valuations
Allison v. Allison A Michigan divorce case that centered on the non-owner spouse’s right to the appreciation in value of allegedly separate property is informative as it shows what factors the court considers for its active/passive analysis. However, the size of the...
by Royer Advisors | Dec 11, 2024 | Valuations
Brundle v. Wilmington Trust N.A. The case involved a short-lived ESOP whose structure was unusual in that the sellers—the principal shareholders in a private security firm—agreed to sell 90% of their shares to the ESOP and exchange the remaining 10% for warrants. The...
by Royer Advisors | Dec 11, 2024 | Court Rulings, Divorce Litigation, Valuations
Jensen v. Jensen, 2018 Mich. App. LEXIS 40 (Jan. 9, 2018) This Michigan divorce case involving an S corporation that was the owner’s separate property raised a number of valuation-related questions, including an issue of first impression: Are the earnings a closely...
