California Appellate Court Affirms Exclusion of Testimony From Witness as Being Based on Inadmissible Hearsay Evidence
HMH Enters. v. TAG Enters The plaintiffs contended the trial court erred in granting two of the defendant's motions to exclude evidence of the plaintiff's damages. The appellate court affirmed. The lawsuit concerned the contemplated sale of a laundromat business. The...
Is It Time for Your Start-Up to Consider a Pivot Strategy?
Many existing businesses pivoted from their regular operations into a different enterprises during the COVID-19 pandemic. For example, a distributor of consumer goods may have shifted into medical supplies to help fill a void. Interestingly, some businesses that moved...
Social Media Marketing: The Latest Trends and Services You Need to See
Once upon a time, consumers generally expected a clear line of demarcation between advertising and editorial content. While holdouts remain — especially from older generations — younger audiences who came of age during or after the advent of social media often have no...
Minnesota Appellate Court Upholds Prejudicial Conduct to Oppressed Shareholder and Affirms Disallowance of Marketability Discount
Gerring Props. v. Gerring The appellate court of Minnesota considered appeals and cross-appeals in a series of shareholders’ disputes. The appellants are Gerring Properties Inc. (GP) and Quality CarWash Operations Ltd. (QCW). QCW operated a family-owned car-wash...
In a Divorce Case, the California Court of Appeal Rejects Discount for Taxes Not Immediate and Specific But Allows a DLOM
Harvey v. Harvey This was an appeal and across-appeal in a California divorce case. Michael and Cynthia Harvey were married in 1988. Three years later, Michael formed Enviro Tech ChemicalServices Inc. (Enviro Tech). By 2010, Harvey's jointly owned 825 shares of...
The Jury Verdict Cannot Stand Because It Was Based on an Expert’s Incompetent Report, and a New Trial Is Ordered
State Route 00700, Section 21H v. Bentleyville Garden Inn, Inc. The jury's verdict in the eminent domain trial could not stand because the jury relied solely on the valuation of the PennDOT’s expert, “which was incompetent.” He limited the damages to the partial...
The Nebraska District Court Is Reversed in Its Determination of Fair Value Since It Applied Discounts, Determined Going Concerned as the Premise of Value, and Allowed Tax Liability for Deferred Tax
Bohac v. Benes Serv. Co. In this case, the Supreme Court of Nebraska affirmed, vacated in part, and reversed and remanded with directions. The holdings of the Supreme Court included: (1) The district court erred in its determination of fair value (FV) in allowing...
Education Benefits Can Help You Recruit and Retain Smart Employees
Are your company's supervisors current on the latest and most effective management strategies? Do IT staffers have the most advanced knowledge about cybersecurity and network administration? If your workers could use upgraded skills and fresh, professional knowledge,...
5th Circuit Court of Appeals Upholds Tax Court Finding That Taxpayer Gifted a Percentage of Partnership Interests and Not a Fixed Amount
Nelson v Commr., 2021 “Mary P. Nelson and James C. Nelson appeal the Tax Court’s denial of their petition for a redetermination of a deficiency of gift tax issued by the commissioner of Internal Revenue for the tax years 2008 and 2009. For the following reasons, we...
District Court Rules ‘Decisively’ Against the DOL in an ESOP Overvaluation Case
Walsh v. Bowers Defendants Brian Bowers and Dexter Kubota owned all the stock in an engineering firm, Bowers & Kubota Consulting Inc. They created an ESOP to which they sold all of their stock for $40 million. The government sued, alleging that they had violated...