Overstated’ Projections Sink Plaintiff’s Fair Value Determination
Magarik v Kraus Earlier this year, a New York trial court presiding over a buyout dispute featuring an online wholesaler of faucets, sinks, and fixtures rebuffed the departing shareholder’s valuation. His expert’s discounted cash flow analysis collapsed on account of...
Appropriations Law Adds Some Business Tax Breaks and Extends Others
Ever since the CARES Act was passed in early 2020, many businesses in Maine and across the country have been waiting for additional government action to help handle the economic fallout of the COVID pandemic. After much back and forth — and much delay — the...
Calculations of Value Are Admissible in Divorce, Alabama Appeals Court Confirms
Horne-Ballard v. Ballard About two years ago, in Rohling v. Rohling, an Alabama appeals court upheld a trial court’s decision to admit into evidence a qualified expert’s estimate about the value of the owner spouse’s business based on a calculation engagement....
New DOL Process Agreement Confronts Control Issue in ESOP Valuations
Scalia v. Farmers National Bank of Danville & Weddle Bros. Const. Co. The Department of Labor recently settled ESOP litigation with the trustee Farmers National Bank of Danville (FNB). The settlement incorporates a process agreement that contains noteworthy...
Does Insurance Cover COVID-Related Business Interruption Losses?
Maine’s relatively low number of COVID-19 cases may have saved some business in Portland and throughout the state. But as cases look to be surging across the country and winter fast approaching, many businesses could be in for a challenging time. Small businesses...
Tax Implications of Holding Precious Metal Assets in Your IRA
With the stock market hitting record levels and interest rates at historic lows, some investors are moving away from low-risk securities like bonds and money-market funds and investing in precious metal such as gold, silver or platinum. If you’re considering doing the...
Tax Court Spurns IRS’ Gift Tax Valuation Theory and Methodology
Grieve v. Commissioner In a gift tax dispute, the U.S. Tax Court recently found for the taxpayer when it rejected the unusual reasoning and methodology the Internal Revenue Service’s trial expert proposed to keep low the discounts applicable to the nonvoting...
Clarity on Three 2020 Employer Tax Credits
With the year ending and tax season on the horizon, it can be helpful to get clarity on various tax credits. With COVID impacting the economy and quite possibly your business, you should ensure you can save every dollar you can. Congress enacted three tax credits that...
Court ‘Sympathizes’ With Businesses Claiming COVID-19-Related Losses but Finds No Coverage Under Policy
Diesel Barbershop, LLC v. State Farm Lloyds COVID-19-related damages cases are making their way through state and federal courts. Plaintiffs typically are businesses that have suffered economic losses because of various mandatory shutdowns. They file claims with their...
5 Valuable Tax Credits for 2020 Individual Returns
Every dollar counts, especially as the COVID pandemic continues to create economic uncertainty here in Maine and throughout the country. As tax season arrives, it can be helpful to learn about federal income tax credits that can significantly lower your tax...