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The 10 Unimpeachable Commandments

Practical Applications in Unimpeachable Neutrality Expert witnesses in the fields of forensic accounting, matrimonial litigation, and business valuation must possess a thorough understanding of the applicable standards, case law, evidentiary rules, and regulations specific to each engagement to effectively help the court understand the facts and evidence. The already daunting task of interpreting these rule ...

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EBT or EBITDA

Which Measure is Best for Normalization? Analysts face a potentially major issue when using EBT as the starting point for normalizing future earnings using traditional business valuation fundamentals. An issue arises when assumptions used in forecasting key expenses for normalized earnings differ from the way those expenses were calculated in the historical EBT. Key expenses that can have a large impact on ...

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Fiduciary Rule Final Stand: ‘Please Rethink This’

The future of the fiduciary rule is up for grabs, again, and clients, advisers, and firms are jumping in to make their voices heard at a crucial moment.  Via a public commentary board, the Department of Labor is hearing feedback on whether it should make changes to the fiduciary rule and delay the regulation's second stage of implementation.  Scroll through to see some of the most passionate and insightful ...

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What Proposed Regulations on the Fractions Rule Mean for Tax-Exempt Organizations

Understanding the fractions rule can enable tax-exempt organizations to invest in partnerships that hold interests in debt-financed real property without being subject to the tax on unrelated business income under Section 512.  Michael Hoffman, CPA, Washington, explains. To read the full article in The Tax Advisor, click: What Proposed Regulations on the Fractions Rule Mean for Tax-Exempt Organizations. ...

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Retirement: 10 Questions to Ask

Questions for a Retirement-Preparedness Gut Check Pre-retirees should examine whether they direct too much money to goals other than retirement savings, take advantage of employer matching, and structure savings so enough pretax income is set aside.  Jonathan Clements states that other important considerations include how retirees will spend time once they stop working and whether there is a danger of outli ...

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Business Interruption

A Unique Assessment of Commercial Damages Business interruption is a form of commercial damages that may include both breach of contract and torts. While it is not common for financial experts to be hired in business interruption situations, some claims require their expertise. Unlike a traditional lost profit analysis, business interruption calculations are unique. Any expert asked to make such an analysis ...

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Evidence of Actual Monetary Loss is Required

When Calculating the Exemplary Damages Cap In a recent Texas Court of Appeals case, the jury awarded plaintiff $15,000,000 in exemplary damages; the Court reduced this amount citing section 41.008(b)(1) of the Texas Civil Practice & Remedies Code, which caps exemplary damages at two times the amount of "economic damages," plus up to $750,000 in non-economic damages.  The question on appeal was whether t ...

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Trends Influencing the Fair Value of Private Equity and Venture Capital Portfolio Investments

In Mercer Capital’s most recent issue of Portfolio Valuation: Private Equity and Venture Capital Marks and Trends, they provide a brief digest and commentary of some of the most relevant market trends influencing the fair value of private equity and venture capital portfolio investments.  Key highlights are covered in their Third Quarter 2017 newsletter. To read the full article in Mercer Capital's Financia ...

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Bitcoin Seeks Recognition from U.S. GAAP

The FASB is conducting early stage research about developing an accounting standard for digital currency and the technology that underpins it.  With the use of digital currency increasing, proponents say inconsistent accounting practices are becoming a problem. To read the full article in Thomson Reuters, click: Bitcoin Seeks Recognition from U.S. GAAP. ...

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Six Traits of Leading Finance Functions

CFOs are eager to make the finance function more efficient and useful.  Samantha White, CGMA Magazine senior editor, explains what leading finance functions have in common. To read the full article in CGMA Magazine, click: Six Traits of Leading Finance Functions. ...

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Alternative Benchmarks for Use in Litigation

in Light of LIBOR’s End Appraisal and litigation support professionals consider various rates to use as part of a financial model, including LIBOR. Near the end of July 2017, British banking regulators made waves in the business world by announcing the end of the London Interbank Offered Rate, or LIBOR, by the end of 2021. LIBOR’s end will mean the loss of a financial benchmark that is not only ubiquitous i ...

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Empathy at the Mediation Table

Understanding Another Person’s Point of View—A Fundamental Tool of Communication Empathy, when used appropriately is truly amazing. It strengthens and enriches our understanding of others, and enhances our ability to motivate them. Though there is no scientific way to measure the power of empathy, you can feel it when you use it, especially during mediation-type proceedings, when the opposing parties are fr ...

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How to Encourage Candor in Your Office

It is difficult to deliver bad news or discuss mistakes, but honesty plays an important part in the development of a workplace that is effective and productive.  Eddie Huffman states that, hard truths, delivered well, are necessary for health and growth. To read the full article in CPA Insider, click: How to Encourage Candor in Your Office. ...

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U.S. SEC’s Piwowar Urges Companies to Pursue Mandatory Arbitration Clauses

SEC Official Suggests IPO Paperwork Could Include Arbitration Clauses Michael Piwowar, a Republican member of the Securities and Exchange Commission, has suggested that companies be allowed to include mandatory arbitration clauses in paperwork for initial public offerings. To read the full article in Reuters, click: U.S. SEC’s Piwowar Urges Companies to Pursue Mandatory Arbitration Clauses. ...

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Microsoft Among First to Give Fuller Picture of Lease Situation

Microsoft Could Provide Early Test of New Lease Accounting Rules Microsoft had said it would adopt new lease accounting rules July 1 instead of waiting for 2019, when the rules take effect.  Microsoft's status as a large, high-profile company means other businesses will study its example. To read the full article in Bloomberg, click: Microsoft Among First to Give Fuller Picture of Lease Situation. ...

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Do Candidates Find Your Employer Brand Attractive?

NACVA Member Survey Findings on Employee Recruitment and Retention Hinge Marketing recently completed a NACVA member survey. In this survey, Dr. Frederiksen learned that NACVA members sought to improve recruiting and retention in their firms. These were the two highest. In addition, gathering insights about how firms approach these challenges, we also asked employee-candidates how they search for and evalua ...

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Personal Goodwill

The Value of a Business is Not Always What it Seems (Part II of II) Personal goodwill is taxed at the individual capital gains tax rate, not the higher corporate income tax rate. Therefore, a credible personal goodwill calculation can amount to significant tax savings. One that is not adequately defensible invites risk of an audit. Every personal goodwill calculation is unique to each business, and the mana ...

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$475 Million Bargain Purchase Leads to an SEC Settlement

Was it a bargain purchase or not?  The SEC has reached a $6.2 million settlement with a Big 4 audit firm relating to auditing failures associated with Miller Energy Resources.  This post will examine the particulars of the case and provide some observations on fair value accounting that can be gleaned from the SEC settlement order. To read the full article in Mercer Capital's Financial Reporting Blog, click ...

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A Visual Recap of Global PE Activity in 2Q 2017

With the second quarter of 2017 in the books, we ran the numbers and sifted through the data to recap all the key info on global PE activity during 2Q.  Powered by the PitchBook Platform, our quarter-end datagraphic looks at fundraising (which had a huge quarter), deal and exit activity, top investors and more. To read the full article in PitchBook, click: A Visual Recap of Global PE Activity in 2Q 2017. ...

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Statistical Sampling and Resulting Allocations Under Fixed-Asset Studies

Determining the proper tax treatment of expenditures for tangible property can be difficult—and for taxpayers with a large number of expenditures, statistical sampling can be the only practical way to review and document these expenses.  Here are examples of how sampling can help taxpayers determine the proper depreciation amount for fixed assets. To read the full article in The Tax Adviser, click: Statisti ...

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