IRS Revenue Ruling 59-60 is an essential building block of modern appraisal practice. It identifies “the condition and outlook of the specific industry” as one of the factors to consider when valuing a private business. But how do investors measure industry risk and how does it fit in the valuation paradigm? Risk and Return Value is  Continue Reading »

Cartwright v. Jackson Capital Partners, Limited Partnership, 2015 Tenn. App. LEXIS 361 (May 21, 2015) Did the appraiser use the wrong method for the case? This question took center stage in a lawsuit featuring the beneficiary of a grantor trust who claimed the trustee had deprived him of all the distributions to which he was  Continue Reading »

Reedy-Huffman v. Huffman, 2015 Alas. LEXIS 56 (May 20, 2015) Hire a valuation expert. That’s the message the Alaska appeals court sent in a ruling involving a professional practice caught up in a divorce. The opinion also includes a good summary of the state’s position on goodwill. ‘Evidentiary void’: The husband was a licensed naturopathic  Continue Reading »

Privately-held Maine business owners might need appraisals of their interests for many reasons, including: Small business loans, Strategic planning, Mergers, acquisitions and shareholder buy-ins (or buy-outs), Equitable distributions of marital estates, Minority shareholder disputes, Bankruptcy, and Gifts and estate planning. A business valuation is just a formality, isn’t it? Many Maine-based business owners only perceive formal  Continue Reading »

A financial expert witness builds on a solid foundation constructed by a reputable source to reach a reliable conclusion. At times, multiple sources are used to reach a conclusion, and these are the assumptions and sources underlying the expert’s opinion. However, in order to survive a Daubert challenge in federal court, an expert requires the  opportunity to  Continue Reading »

Many small businesses today have a significant amount of intellectual property as part of their value. Sometimes it can be difficult to actually place a value on this type of property. It can be hard to understand, as it’s often quite technical. Also, there are different types of intellectual property, and each asset is unique.  Continue Reading »

City of Baton Rouge v. Jay’s Donuts, Inc., 2014 La. App. Unpub. LEXIS 722 (Dec. 17, 2014) An expropriation case centering on taking a successful donut shop for public use raised fundamental valuation issues, such as the proper methodology for capturing the full extent of the owner’s loss. The city’s business valuator relied on fair  Continue Reading »

The efficacy of financial forecasts or projections that are used by an expert when they are making a valuation in a litigation proceeding is a point that can be missed. If these forecasts are off, they can be the cause of a large difference between experts. It’s important for an attorney and an expert to  Continue Reading »

There is a growing need for valuation services among small businesses. There is a variety of reasons why business owners need to know the value of businesses, business interests and intangible assets, including sales transactions, financing, taxation, financial reporting and litigation. It’s critical for these business owners to use an appraiser who follows professional standards and guidelines, so  Continue Reading »

Washington Mutual, Inc. v. United States, 2014 Del. LEXIS 115 (March 14, 2014) In a case arising out of the savings and loan debacle, the successor-in-interest to a “healthy” thrift that agreed to take over a number of failing ones sued the government for a tax refund based on tax deductions and losses for certain  Continue Reading »