Tag: valuation

Jelke and BIG Tax Liability

July 21, 2008 | Business Valuation, Legal Perspective

Icon for author Brian Vertz Brian Vertz

Chris Mercer’s Value Matters newsletter offered a succinct summary of the Eleventh Circuit’s recent decision in Jelke v. Com., an important decision dealing with built-in capital gains (BIG) tax liability of Subchapter C corporations. The subject company in the case was a C corporation established 80 years ago, whose principal asset was an investment portfolio managed for long-term capital growth. The company was valued for estate tax purposes, and the […]

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Fundamentals of BV in PA: Glosser Bros. II

July 14, 2008 | Business Valuation, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

This post is the second in a series dedicated to historical legal precedents on business valuation in Pennsylvania. The factual background for this case, Glosser Bros., is discussed in my post last week. This is part II: In addition to their argument that trial court should have considered actual stock transactions, the appellants in Glosser Bros. also complained about the expert testimony given by the dissenters’ accountant, who calculated the […]

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Fundamentals of BV in PA: Glosser Bros.

July 07, 2008 | Business Valuation, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

This post is the first of series aimed at reviewing the historical legal decisions concerning business valuation in Pennsylvania. Since these are state court cases, most arise from shareholder disputes, divorces, and condemnation cases. Some are stale, some vital, and some questionable, but all are worth reviewing. The first installment, concerning Glosser Bros., will be presented in two parts: One of the leading cases on business valuation in Pennsylvania is […]

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Mercer Capital Publication: Buy-Sell Agreements

July 01, 2008 | Business Valuation, Family Law News, Legal Perspective

Icon for author Brian Vertz Brian Vertz

A recent edition of Value Matters, a periodical published by Mercer Capital Group, illustrates the reasons for having a buy-sell agreement and what options might be available. Buy-sell agreements are advisable for the same reason as prenuptial agreements: they structure the consequences of a possible future incident such as shareholder disharmony, death, or divorce. The valuation provisions of a buy-sell agreement, which may dictate the share price in the event […]

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Big Surprise: Mortgage Business Bankrupt!

June 28, 2008 | Business Valuation, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

In Wilson v. Wilson, 2008 WL 2312726 (Ky.App.2008), a man started a mortgage brokerage business with his high school sweetheart in 2004. Soon the business blossomed, and so did the romantic relationship between the man and his classmate, who unfortunately was not his wife. The business expanded from Kentucky to Florida and paid all of the classmate’s living expenses. Soon the business floundered, the man bought out his partner, and […]

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Valuation Held Preferable to Judicial Sale

In Parker v. Parker, 980 So.2d 323 (Miss.App. 2008), the Mississippi Court of Appeals held that the trial court should not have ordered a judicial sale of businesses that were marital property in a divorce action. The trial court sold the businesses because the parties failed to comply with an order directing them to obtain accurate and up-to-date business valuations. On appeal, the Mississippi court held that the trial court […]

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