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Chancery Says Control Premiums Are Real and Legitimate

Chancery Says Control Premiums Are Real and Legitimate

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

In re Books a Million Stockholders Litig., 2016 Del. Ch. LEXIS 154 (Oct. 10, 2016) The Delaware Court of Chancery dismissed a minority shareholder challenge to a going-private merger, concluding the defendant directors did not act in bad faith when they favored the...
Shareholder Approval ‘Cleanses’ Potential Undervaluation

Shareholder Approval ‘Cleanses’ Potential Undervaluation

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

In re OM Group, Inc. Stockholders Litig., 2016 Del. Ch. LEXIS 155 (Oct. 12, 2016.) Shareholders protesting what they considered a rushed sale at a bargain basement price suffered defeat in the Delaware Court of Chancery when the court ruled strong shareholder approval...
Reasonable Compensation Analysis Ignores Objective Evidence, Tax Court Says

Reasonable Compensation Analysis Ignores Objective Evidence, Tax Court Says

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

Transupport, Inc. v. Commissioner, 2016 Tax Ct. Memo LEXIS 214 (Nov. 23, 2016) Expert independence was front and center as an issue in the Exelon tax case. Now comes, a reasonable compensation case in which the Tax Court zeroed in on the same point. The court rebuked...
Market Data Approach ‘Particular Unsuitable’ to Valuing Feature Film

Market Data Approach ‘Particular Unsuitable’ to Valuing Feature Film

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

Holder v. Howe, 2016 Cal. App. Unpub. LEXIS 8989 (Dec. 14, 2016) A bankruptcy-related suit in front of the California Court of Appeal turned on the issue of how to value an aged film that never made any money. The trial court dismissed the plaintiff expert’s approach...
Florida Supreme Court Nixes Daubert Amendment

Florida Supreme Court Nixes Daubert Amendment

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

In 2013, Florida’s legislature rejected the long-standing Frye standard on the admissibility of expert witness testimony and adopted the Daubert standard and Federal Rule of Evidence 702 with two amendments to the state’s Evidence Code. Subsequently, The Florida Bar’s...
Court of Appeals Sides With Taxpayers on Right to Vet IRS Expert Valuation

Court of Appeals Sides With Taxpayers on Right to Vet IRS Expert Valuation

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

Cavallaro v. Commissioner, 2016 U.S. App. LEXIS 20713 (Nov. 18, 2016) (Cavallaro II) In 2014, taxpayers who had relied on estate planning professionals to affect the transfer of their family business to their sons confronted a tax liability on a $29.6 million gift. A...
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Recent Posts

  • 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
  • North Carolina Court of Appeals Affirms Trial Court as to Inclusion of Personal Goodwill

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