Category Archives: Business Plans

No Legal Barrier to Expert’s Adjusted Lost Profits Analysis

September 23, 2016 | Business Plans, Court Rulings, Valuations

Akamai Techs., Inc. v. Limelight Networks, Inc., 2015 U.S. App. LEXIS 19848 (Nov. 16, 2015) In a protracted patent case, the defendant challenged the jury’s lost profits award to the plaintiff, claiming it relied on unsound expert testimony. The price disparity between the defendant’s infringing product and the plaintiff’s protected product was too great to  Continue Reading »

It’s Time to Review Your Financial Planning Options

September 14, 2016 | Business Plans, Financial Planning, IRS Regulation, Tax Planning, Tax Preparation, Valuations

One of the best times to pause and review your financial planning strategy is Fall. A lot can happen in a year. You may need to revise your long-term financial plans if your personal life, market conditions or tax laws have changed. Here are some retirement and estate planning considerations that may be worthwhile. Roth  Continue Reading »

‘Reasonably Equivalent Value’ Analysis Meets FMV Standard

September 9, 2016 | Business Plans, Court Rulings, Valuations

In re Mercury Cos., 2015 Bank. LEXIS 3443 (Oct. 9, 2015) (In re Mercury II) After filing for Chapter 11 bankruptcy, the plaintiff claimed the sale of certain subsidiaries to the defendant entities was an avoidable fraudulent transfer. The Bankruptcy Court considered the valuations the parties’ experts presented at trial for the subsidiaries “useful but  Continue Reading »

What Professional Standards Apply to Business Valuations?

August 31, 2016 | Business Plans, Financial Planning, Valuations

Business valuation experts who testify in court are often asked, “Did you follow appraisal standards in performing your engagement?” The next question is likely to be: “Which ones?” There are a number of different standards that cover business appraisal practice. USPAP Uniform Standards of Professional Appraisal Practice (USPAP) is one of the most widely recognized standards.  Continue Reading »

Compare and Contrast the Republican and Democratic Tax Platforms

August 22, 2016 | Business Plans, Deductions, Exemptions, Financial Planning, IRS Regulation, Tax Planning, Tax Preparation

Now that both major political party conventions are finally behind us, it’s time to focus on the upcoming national election. Among their many differences, the Republicans and Democrats have widely divergent tax platforms. It’s good to know what tax positions the two parties and their presidential candidates have staked out even though platforms are always relatively  Continue Reading »

How Synergy Affects Price

August 19, 2016 | Business Plans, Financial Planning, Valuations

When selling a business, did you know there are some buyers who would be willing to pay a premium above the fair market value of the business on a controlling basis? These are strategic (or synergistic) buyers, and might include competitors looking to build market share, joint venture partners who already understand the business model  Continue Reading »

Employ Joint Tax Liability for Leased Employees

August 1, 2016 | Business Plans, Court Rulings, IRS Regulation

In order to save money on benefits such as health and life insurance, as well as administrative costs, a company can use workers provided through an employee leasing company or professional employer organization (PEO). Here’s How it Works An employee leasing firm hires people for your company and pays all the related costs for them. You then pay  Continue Reading »

Appraiser Lacks Necessary Valuation Expertise, Dissent Says

July 29, 2016 | Business Plans, Court Rulings, Financial Planning, Valuations

Shaffer v. Visaggio’s, Inc., 2015 Pa. Super. Unpub. LEXIS 2403 (July 29, 2015)  A Pennsylvania dissenting shareholder case raised questions about who is qualified to resolve valuation issues as well as what constitutes competent financial evidence. Valuators may find the dissent’s analysis more compelling than the majority’s opinion because it displays a greater appreciation of  Continue Reading »

New Study Confirms the Prevalence and Cost of White Collar Crime

July 25, 2016 | Business Plans, Financial Planning, Fraud Prevention

The Association of Certified Fraud Examiners (ACFE) has been publishing studies every two years for the past 20 years to raise awareness of occupational fraud, and the role strong internal controls can play in limiting these schemes. The 2016 Report to the Nations on Occupational Fraud and Abuse covers more than 2,400 cases of white collar crime, occurring  Continue Reading »

The Current State of Minimum Wage Laws

July 20, 2016 | Business Plans, IRS Regulation, Tax Planning

Since 1991, the $7.25 per hour federal minimum wage has been in place. The inflation-adjusted wage would have to be $12.68 to have the same purchasing power today, according to the CPI Inflation Calculator from the U.S. Bureau of Labor Statistics. President Obama has been supporting an increase in the federal minimum wage to $12 per  Continue Reading »