Category Archives: Court Rulings

Breach of Non-compete Means Damages for ‘Loss Sustained’ and Lost Profits

February 10, 2017 | Court Rulings, Valuations

Pattridge v. Starks, 2016 La. App. LEXIS 315 (Feb. 24, 2016) An economic damages case stemming from the breach of a non-compete agreement features a noteworthy discussion on the difficulty of quantifying losses where the injured company is of a “volatile nature.” The plaintiff’s’ expert used commonly accepted valuation methods for his calculation, but the  Continue Reading »

Appeals Court Fudges DLOM Issue in Divorce Case

January 30, 2017 | Court Rulings, Divorce Litigation, Valuations

Grant v. Grant, 2016 Tenn. App. LEXIS 327 (May 12, 2016) Appraisers rely on clear directives from the courts to produce sound valuations, but they may not always get them. A recent Tennessee appellate ruling in a divorce dispute is a case in point. The issue was whether it was appropriate to use a marketability  Continue Reading »

Beware of a 100% Personal Liability Penalty

January 23, 2017 | Court Rulings, Financial Planning, IRS Regulation, Tax Planning, Tax Preparation

When federal income tax and/or federal employment taxes are withheld from employee paychecks but aren’t handed over to the government, a “100% penalty” can be assessed against a responsible person. The purpose of this Trust Fund Recovery Penalty is to collect withheld but unpaid federal taxes from individuals who had control over an employer’s finances. It got  Continue Reading »

Bankruptcy Court Favors DCF to Value Dissociated Interest

January 13, 2017 | Court Rulings, Valuations

Hanckel v. Campbell (In re Hanckel), 2015 Bankr. LEXIS 4202 (Dec. 11, 2015) Prior to filing for Chapter 7 bankruptcy, the debtor, who owned a stake in a family business, transferred his share to his father, the co-owner. Subsequently, the Chapter 7 trustee proved the transfer was a fraudulent conveyance, and the court declared it  Continue Reading »

Employee, Partner or Both? Recent Developments Help You Decide

January 6, 2017 | Business Plans, Court Rulings, IRS Regulation, Tax Planning, Tax Preparation

If you are an employee, a partner, a partner who doesn’t know it, or a combination of these classifications, there may be serious tax implications. Here are some recent developments that you need to know if you participate in a business that’s operated as a partnership or a limited liability company. IRS Position on Dual Status  Continue Reading »

Chancery Again Puts Trust in Merger Price Over Questionable DCF

December 30, 2016 | Court Rulings, Valuations

Merion Capital LP & Merion Capital II LP v. BMC Software, 2015 Del. Ch. LEXIS 268 (Oct. 21, 2015) Don’t second-guess the result of a robust, arm’s-length sales process! That’s the view the Delaware Court of Chancery has been taking lately in statutory appraisal actions—and it recently did so again. ‘Wildly divergent’ DCF results The  Continue Reading »

Debt or Equity? New Guidance Helps You Decide

December 23, 2016 | Court Rulings, Financial Planning, IRS Regulation, Tax Planning

Generally, corporations can deduct interest on debts for federal tax purposes, and a valid obligation exists if the parties intended to create a debt, and the debt is enforceable and unconditional. A capital contribution, in contrast, is a direct or indirect contribution of cash or other property to the capital of a business entity. The contributor  Continue Reading »

‘Reasonably Equivalent Value’ Analysis Meets FMV Standard, Court Says

December 16, 2016 | 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 »

Trial Court Fumbles Economic Damages Assessment

December 2, 2016 | Court Rulings, Valuations

Lane v. Lampkin, 2015 Miss. LEXIS 503 (Oct. 8, 2015) (Lampkin II)  It’s not uncommon for a trial court to decide a valuation issue by “splitting the baby”—that is, reaching a compromise somewhere in the middle of the opposing figures. Often the decision, however puzzling, stands because the appeals court is reluctant to find an  Continue Reading »

IRS: We Disagree with Court Decision Involving Customer Loyalty Discounts

November 28, 2016 | Court Rulings, Deductions, IRS Regulation

The IRS recently announced its “nonacquiesence” with a federal appeals court decision that held a retailer that issued loyalty discounts to its customers was entitled to deduct its liabilities attributable to discounts, which were accrued but hadn’t yet been redeemed. (IRS Action on Decision 2016-03) Case Background Information A deduction or credit must be taken for  Continue Reading »