LLC Buyout at Fair Value Poses ‘Conundrum’ for the Court
Finkel v. Palm Park, Inc. In allowing LLC members to buy out a departing member to avoid the dissolution of the company, a court had to determine the fair value of the departing member’s interest in a holding company. The court, in large part, relied on the fair...
Solvency Opinion Based on Management Projections Faces Daubert Challenge
Official Committee of Unsecured Creditors v. Calpers Corp. Partners, LLC In a bankruptcy-cum-Daubert case that turned on solvency, a court recently rejected both parties’ claims that the opposing financial expert testimony was inadmissible. Among the myriad of attacks...
COVID Relief Provisions that Can Lower Your Business Taxes
After a most unusual, volatile and unprecedented year for Maine businesses, your finances — and tax situation — may be unlike any other “normal” year. Filing your business taxes can oftentimes be stressful, but with the economic hardships of the past year, it can be...
Court Says Restaurants Fail to Meet Requirements for COVID-19-Related Business Interruption Coverage
Rose’s 1, LLC v. Erie Ins. Exch. State and federal courts have started to rule on breach of contract claims from plaintiffs whose businesses suffered economic losses triggered by the COVID-19 crisis. Thus far, the court decisions have not been favorable to the...
What makes a small business owner’s compensation ‘reasonable’?
As a small business owner, you need to ensure that your compensation reflects what others would receive for performing similar duties in a similar setting. Not only is this important for tax purposes, but it’s needed to determine the value of your business. Total...
Key Ruling From Tennessee Appeals Court Finds Tax Affecting ‘Relevant’ to Fair Value Determination
Raley v. Brinkman In a Tennessee buyout dispute involving a limited liability corporation organized as an S-corporation, the parties disagreed over whether it was appropriate to tax affect in calculating the fair value of the terminated member’s interest. The trial...
Tax Breaks for Green Manufacturers
In recent years, energy-efficient tax breaks have enticed many manufacturers to "go green." At the end of 2020, The Consolidated Appropriations Act (CAA) was enacted, which includes various provisions that expand and improve certain green tax breaks. Here are five...
Key Changes for Businesses created by the New American Rescue Plan Act
The American Rescue Plan Act (ARPA) was signed into law earlier this month, providing a massive infusion of much-needed relief to nearly every corner of the American economy — from individuals to businesses to nonprofits to healthcare organizations and state and local...
Parties’ Agreement Complicates Spousal Support Calculation in S Corp Context
Marshall v. Marshall Instead of facilitating a resolution, a separation agreement between the divorcing spouses led to a protracted lawsuit. The issue was how to determine alimony where the owner spouse had an interest in a pass-through entity and the agreement was...
Indiana Supreme Court Issues Key Ruling on Discounts in Compelled Buybacks
Hartman v. BigInch Fabricators & Construction Holding Co., Inc. Last year, in a compelled buyout, the Court of Appeals sided with the departing minority shareholder when it found discounts did not apply in a closed-market sale. In a freshly minted decision, the...