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...

Arizona Appeals Court Affirms Trial Court’s Acceptance of a Calculation of Value

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

Mikalacki v. Rubezic This Arizona divorce appeal affirmed the trial court’s acceptance of a calculation of value the wife’s expert, Brendan Kennedy, offered to determine the value of the couple’s law firm awarded to the husband in the trial. The husband appealed other...

Plaintiff Fails to Convince the Court That Physical Loss or Physical Damage Has Occurred; Virus Clause Applies and Defendant’s Motion to Dismiss Is Granted

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

Family Tacos, LLC v. Auto Owners Ins. Co. Summary In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants a motion to dismiss the plaintiff’s claims. Plaintiff operates two restaurants in Ohio, which has incurred...