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‘Persuasive’ Defense Expert Testimony Defeats ESOP Overpayment Claims

‘Persuasive’ Defense Expert Testimony Defeats ESOP Overpayment Claims

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

Fish v. Greatbanc Trust Co., 2016 U.S. Dist. LEXIS 137351 (Sept. 1, 2016) In an important ESOP decision, the court dismissed claims that the defendants had committed breaches of fiduciary duty and engaged in a prohibited transaction. The case turned on the soundness...
The Ins and Outs of Deducting Legal Expenses

The Ins and Outs of Deducting Legal Expenses

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

Currently under the federal income tax rules, legal expenses incurred by individuals are typically not deductible. Instead, they’re most often treated as either part of the cost of acquiring an asset, such as real estate, or as personal outlays (which are...
Daubert: It’s About Reliability of Testimony, Not Power of Persuasion

Daubert: It’s About Reliability of Testimony, Not Power of Persuasion

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

Post-Confirmation Comm. for Small Loans, Inc. v. Martin, 2016 U.S. Dist. LEXIS 44270 (March 31, 2016) A recent ruling in a complex bankruptcy case teaches that Daubert can accommodate differing views on determining solvency for multiple debtor entities. Consolidated...
‘Dramatic’ Valuation Adjustment Justifies Equity Committee

‘Dramatic’ Valuation Adjustment Justifies Equity Committee

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

In re Horsehead Holding Corp., 2016 Bankr. LEXIS 3187 (May 2, 2016) Shareholders in a bankrupt company rarely get to form an equity committee that represents their interests during the reorganization proceedings. But, in an extraordinary bankruptcy case, the court,...
Capital vs. Ordinary: Classifying Income and Losses Affects Your Taxes

Capital vs. Ordinary: Classifying Income and Losses Affects Your Taxes

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

How to classify gains and losses from selling an asset in Maine is fairly straightforward most of the time. However, there are some gray areas that require a closer look at the facts and circumstances, especially when real estate is involved, as a couple of recent...
Chancery Achieves Fair Value by Blending Three ‘Imperfect Techniques’

Chancery Achieves Fair Value by Blending Three ‘Imperfect Techniques’

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

In re DFC Global Corp., 2016 Del. Ch. LEXIS 103 (July 8, 2016) A recent fair value decision from the Delaware Court of Chancery turned on the idea of uncertainty. Impending regulatory changes in key markets made it hard to predict the company’s future performance....
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Recent Posts

  • U.S. Supreme Court Affirms Inclusion of Corporate-Owned Life Insurance in Value of Company for Estate Tax Purposes
  • 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

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