Court Credits Expert’s Cash Flow Analysis in Solvency Determination
Samson v. Western Capital Partners LLC (In re Blixseth), 2013 Bankr. LEXIS 1001 (March 28, 2013) "The Trustee … continues the fiction that [the debtor], one of the Forbes' 400 wealthiest Americans in 2007, was insolvent during that very same year" is how the lender...
Book Value Accurately Reflects FMV of Departing Partner’s Interest
Fancher v. Prudhome, 2013 La. App. LEXIS 318 (Feb. 27, 2013) A withdrawing member of a limited liability company unsuccessfully appealed the trial court's decision to use the book value of the company's assets, rather than rely on his expert's going concern analysis,...
Court Affirms FMV Determination for S Corp Medical Practice
Gentile v. Gentile, 2013 U.S. App. LEXIS 5051 (March 13, 2013) In appealing the fair market value determination of his medical practice, the husband claimed that the trial court erred when it included goodwill as a divisible asset and that its conclusion had no...
Bad behavior in forced buyout triggers marketability discount
Wisniewski v. Walsh, 2013 N.J. Super. Unpub. LEXIS 724 (April 2, 2013) Children learn that bad behavior has consequences. An appellate court recently taught a similar lesson to a troublemaking shareholder whose doings forced a buyout. Three siblings each owned a...
Tax Court Predicates Bonus on Increasing Asset Sale Price
Aries Communications Inc. v. Commissioner, 2013 Tax Ct. Memo LEXIS 111 (April 10, 2013) What qualifies as a reasonable success fee for the employee who is also the hands-on owner of the company and played a key role in the profitable sale of some of the company's...
Unclear Valuation of Family Business Interests Requires Remand
Farrell v. Farrell, 2013 Ark. App. LEXIS 33 (Jan. 23, 2013) The wife appealed the trial court's decision to assign all interest in the family businesses to the husband, which, she claimed, left her with a shortfall of $4.4 million. The husband owned a 19.4% interest...
Understanding Simplified Employee Pensions
Setting up and maintaining a SEP for your Maine-based business is probably easier than you think. The sooner you get started saving, the more secure your retirement will be, plus your business can gain tax advantages right away. SEP Basics The SEP is a stripped-down...
Valuation of Family Business Survives Expert’s Deviation From Industry Standards
Russell v. Russell, 2013 Ark. App. LEXIS 151 (Feb. 27, 2013) The husband challenged the trial court's valuation of a family business, claiming there was no credible evidence to show it had a "fair market value" independent of the company's founder—his stepfather. At...
Court Accepts Cost Approach to Calculate Value of Lost Business
The 5th Circuit Court of Appeals considered how to measure damages for a facility with no real market when it reviewed the district court's $3.8 million award to the plaintiff related to a destroyed waste treatment plant. The defendants owned and operated a Texas oil...
Court validates expert’s ‘aggressively skeptical’ disaggregation analysis
In a post-trial bid to upset the outcome in Liberty Media Corp. v. Vivendi Universal, S.A., 2013 U.S. Dist. LEXIS 19485 (Feb. 12, 2013), Vivendi argued that no jury "should have been permitted to base a verdict" on the unreliable loss causation and damages testimony...