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Court Infers Nature of Goodwill From Nature of Business

Court Infers Nature of Goodwill From Nature of Business

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

Rabe v. Rabe, 2015 Ky. App. Unpub. LEXIS 379 (May 29, 2015) An opinion in a divorce case from the Kentucky Court of Appeals, although unpublished, merits attention because it shows the court ruling on the nature of goodwill in a business valuation based merely on the...
Discovery Reveals Expert’s Lack of Independence

Discovery Reveals Expert’s Lack of Independence

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

TWC I, L.L.C. v. Damos, 2015 Iowa App. LEXIS 438 (May 20, 2015) It does not pay to fudge on an expert report. That’s the message from a court in a state statutory appraisal action in which discovery evidence cast doubt on the expert’s truthfulness and independence....
One Option to Finance a Business Sale

One Option to Finance a Business Sale

by Royer Advisors | Dec 11, 2024 | Business Plans, Debt & Financing, Financial Planning, Valuations

Because of their advantageous tax-free treatment, structured settlements are typically associated with the payment of personal injury damages. However, some business purchases and buyouts can also benefit from structured settlements using annuity payments from an...
Discount for Lack of Marketability

Discount for Lack of Marketability

by Royer Advisors | Dec 11, 2024 | Financial Planning, Valuations

One of the most contentious issues in business valuation is the discount for lack of marketability (DLOM). Reasons include that the DLMO varies significantly, depending on the rights and restrictions attached to the business interest, and also because it can lower a...
Chancery Validates Tax Affecting in Fair Value Case

Chancery Validates Tax Affecting in Fair Value Case

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

Owen v. Cannon, 2015 Del. Ch. LEXIS 165 (June 17, 2015) A joint fiduciary duty and statutory appraisal suit provided an opportunity for the Delaware Court of Chancery’s new chief, Chancellor Bouchard, to rule on the issue of tax affecting. In discussing the choices...
Key Ruling on Loss of Beer Franchise Contracts

Key Ruling on Loss of Beer Franchise Contracts

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

Tri County Wholesale Distributors v. Labatt USA Operating Co. LLC, U.S. Dist. LEXIS 81914 (June 24, 2015) What is the best way to calculate the loss of well-known beer brands to a distributor whose franchise contract was lawfully terminated? This question, implicating...
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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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