In Gatekeeper Role, Court Trains Attention on Expert Methodology, Not Conclusions
Acosta v. Wilmington Trust In this ESOP litigation, both parties tried to exclude the opposing side’s valuation expert testimony under Rule 702 and Daubert. The court noted that, at this stage in the proceedings, its focus was on whether the experts applied reliable...
Tax Court’s Amazon Valuation Ruling Stands Up to 9th Circuit Scrutiny
Amazon.com, Inc. v. Commissioner The 9th Circuit recently affirmed the U.S. Tax Court’s 2017 decision in favor of Amazon in this key transfer pricing case, finding the governing regulations limited the definition of “intangible” to independently transferable assets....
New Bankruptcy Relief Coming Soon
Even as companies continue to grow in size in the Portland area, small businesses continue to be a major part of the economy in the region and throughout Maine. Anyone who runs a small business knows that it’s not easy, and sometimes it can be hard to make ends meet....
How to Reduce the Tax Hit on Soon-to-Be-Developed Land
Here in the greater Portland area, real estate prices are increasing and development is booming — which is good news for owners of underdeveloped or underutilized land. But if you’re among those who are looking to sell, develop or subdivide a highly appreciated...
Court Explains Treatment of Undistributed Earnings in Valuing Law Firm Partnership Interest
Burchfield v. Burchfield Among a host of issues, this Virginia divorce case, which included a prominent Washington, D.C., lawyer and his estranged wife, raised an important valuation question related to the husband’s partnership interest in the firm: Whether...
FAQs About Self-Employment Tax
It’s not uncommon for folks here in Portland and all across Maine to be self-employed. Those who are probably pay the self-employment (SE) tax. But people who do the occasional odd job or only collect income for one-off circumstances may not have to pay the SE tax. If...
NAV Alone Fails to Capture Distributional Interest’s Fair Value
Schewe v. Schewe Farms In a family dispute featuring a farm business that owned real estate, the parties’ experts disagreed on an issue that was pivotal to how they would value the sellers’ distributional interest. The trial court resolved the valuation dispute by...
Unequivocal ‘No’ to Unaffected Market Price—Delaware Supreme Court Strikes Down Aruba Networks
Verition Partners Master Fund Ltd. v. Aruba Networks, Inc. In a sharp rebuke, the Delaware Supreme Court overturned the Court of Chancery’s controversial decision in the Aruba Networks statutory appraisal case to use the unaffected market price as the sole indicator...
Appeals Court Upholds Grocery Store Buyout Ruling and Fair Value Determination
Lund v. Lund A protracted Minnesota buyout dispute involving the heirs to a local grocery store empire may have reached the end. The state appeals court affirmed most of the district court’s rulings, including the buyout order and fair value determination. The...
Is a New Individual Health Plan in Your Future?
The Affordable Care Act (ACA) requires companies with at least 50 employees to provide health benefits and pay for a good portion of the coverage's cost. But many smaller employers in Maine and across the country provide health coverage too — even if they aren’t...