Louisiana Court of Appeals Disallows a Discount for Trapped-In Capital Gains Taxes and a Reduction in Receivables for Collectability
ShopRite, Inc. v. Gardiner The Court of Appeals was asked to review the trial court’s determinations of fair value for the shares of stock of a withdrawing shareholder. Shawne Gardiner was a withdrawing shareholder in ShopRite Inc. (3.8% interest) and Tobacco Plus...
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...
Remote Work Policies Can Bring Up Some Thorny Issues
You and your valued employees who work far from headquarters can encounter two administrative issues that possibly neither of you contemplated when the remote-working arrangement was agreed to: What happens to health benefits if there are no providers in your plan's...
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...
Weigh the Pros and Cons Before You Hire Part-Timers
The number of part-time jobs in the United States has generally increased over the past few decades. As of June 2022, there were approximately 25 million part-time workers. Although some part-time employees would prefer a full-time position, many people choose to work...
One-Third Partner in Real Estate Sued to Have the Partnership Dissolved Then Asked to Vacate His Dissolution Assertion, Which the Appellate Court Denied
Guttman v Guttman Bruce Guttman (Bruce), Phillip Guttman (Phillip), and Judith Douglas (Judith) are siblings and co-equal general partners of the Guttman Family Limited Partnership (the partnership), which owns real estate in Los Angeles. Bruce sued to dissolve the...
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...
A Louisiana Appeals Court Decides That the Trial Court Abused Its Discretion in Choosing the Method of Determining Damages
Dettenhaim Farms, Inc. v. Greenpoint Ag, LLC This decision of the appeal court of Louisiana took up the alleged damages of the soybean crop and the trial court’s findings on the matter. The appeal court found that the trial court abused its discretion when it chose an...
How to Use the Cost Approach to Valuing a Business
The balance sheet — a company's assets and liabilities — is a logical starting point for valuing certain types of businesses. The cost approach focuses on this part of a company's financial statements. Here's an overview to help you understand this valuation...
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...