Appellate Court Remands for New Determination of Husband’s Earnings, Affirms No Dissipation of Assets

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

In re Marriage of Sommerville, 2023 Tara Sommerville (the wife) appealed the economic provisions of her divorce decree from Jamie Sommerville (the husband). She contended the district court erred in determining the husband’s earning capacity and awarding child support...

Value of Husband’s Business Affirmed Based on Trial Judge’s Reasonable Discretion

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

In re Marriage of Bainbridge, 2023 In this case, Troy Bainbridge appealed the decree dissolving his marriage to Amanda Bainbridge. The appellate court did not err in its award of spousal support and determined  that the value of the husband’s company was proper...

On Liquidation Tax Matters, Partner Would Not Receive Any Proceeds, Thus the Interest Received Would Be a Nontaxable Profits Interest

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

ES NPA Holding, LLC v. Comm’r, T.C. Memo 2023-55 The Tax Court ruled that the Class C units were a profits interest because, applying the fair  market value of the LLC at the time of receipt, the partner would not receive any proceeds  from a liquidation at that time....

New York Appellate Court Affirms Award of Value of Husband’s Class B Units in Lieu of Actual Distribution of Share of Units to the Wife

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

Lieberman-Massoni v. Massoni, 2023 In this New York appellate court case, the appellate court affirms the trial court’s divorce opinion that the awarding of a percentage of the value of the husband’s B-unit shares rather than awarding the shares themselves was proper...

U.S. District Court (Colorado) Rules on Motions to Exclude Testimony of Expert Witnesses

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

City of Fort Collins v. Open Int’l, LLC, 2023  Before the U.S. District Court—Colorado are five motions to exclude certain witnesses by  both parties.   Facts “This is a breach-of-contract case arising from Defendants’ alleged failure to deliver  Open SmartFlex (OSF),...

Utah Appellate Court Affirms Value of Husband’s Business, Which Excludes Personal Goodwill, But Disallows Reduction for Taxes on Hypothetical Sale

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

Rothwell v. Rothwell, 2023 The Court of Appeals of Utah considered several issues on the husband’s appeal from the  district court’s ruling concerning the couple’s dissolution of marriage. This digest will cover  the appellate court’s opinion regarding the valuation...