You Are Here: Home » Case Law (Page 4)

Federal Case Law: Fifth Circuit and Tax Court Rule on Penalties, Charitable Deductions

Fifth Circuit Disallows 40% Valuation Misjudgment Penalty, OKs 20% Negligence Penalty The Court of Appeals for the Fifth Circuit disallows a 40% valuation misjudgment penalty in Bemont Invs., LLC v. United States, but affirms a Texas Court’s 20% negligence penalty.  Judge Goeke at the Tax Court draws distinctions on when charitable deductions are allowable in Dunlap v. Commissioner. ...

Read more

Federal Law Cases Review Mortgages, Broker Price Opinions

A Credit Card Debt is Settled, But Tax on DOI Income Still Due Judge Ruwe at the Tax Court finds petitioners owe tax on income from a settled credit card debt in Shepherd v. Commissioner, and a U.S. Bankruptcy Court for the Western District of Pennsylvania rules on the valuation of a mortgagee’s creditor’s secured claim in Buena Vista Oceanside, LLC., v. Optimum Bank ...

Read more

Preparing for Trial: Guidelines to Ensure Your Expert Testimony is Top Notch

Great Testimony Doesn’t Proceed From Charisma Alone. It’s Mostly about Preparation. Here’s Why. Joe Epps, CPA/CFF/ABV, CFE, CVA, explains that great expert testimony proceeds from extensive preparation of testimony outlines and demonstration exhibits to a thorough review of relevant documents, including expert reports, deposition transcripts, and a full reading of other parties’ testimony. ...

Read more

Georgia Case Turns on Memorandum of Agreement Establishing Valuation Methodology

More: A Case in Texas Turns on a Husband and Wife with Differing Appraisals of a Business That’s Declined in Value Peter Agrapides gathers recent federal cases bearing on valuation and family law. In Georgia, a county issues bonds to finance a regional warehouse built by the corporation; the parties agree to use a certain valuation methodology, and since agreement is mentioned in the lease, the Georgia Cour ...

Read more

S-Corporations and Taxes: A Summary of Relevant Case Law

Taxes on S-Corporations are Hotly Discussed by Legislators and May Change. Here’s the History, Standing Precedents, and Current Law. S Corporations have been much in the news lately, as we’ve noted on the QuickRead blog. In this piece, Peter Agrapides provides a comprehensive chronological account of valuation cases where the issue of tax affecting S-Corporations has taken center stage. ...

Read more

Reasonably Certain Foreseeable Future Events and the Standard of Value

In Berquist v. Commissioner, Judge Swift Finds a Company’s Pending Liquidation is Relevant and Foreseeable. The Tax Court valued closely-held stock in an anesthesiology practice donated to a hospital for charitable contribution purposes at its liquidation value since the anesthesiology practice would no longer exist after the physician-stockholders were consolidated into a newly-formed umbrella physician ma ...

Read more

Has Sarbanes-Oxley Failed?—NYT, WSJ, IBD, Reuters, & More

10 Years After Implementation, NYT Cites Lawyer, Former SEC Official, PCAOB Oversight Member, and Editor Who See SOX as a Positive Development.  WSJ Sources Not So Sure.  IBD Claims SOX Has "Devastated" IPO Market.  The Times’ “Room for Debate” roundtable noted that last Sunday, July 24th, marked 10 years since the Sarbanes-Oxley accounting law was enacted, after the scandals at Enron, WorldCom and elsewher ...

Read more

Family Business Breakthrough: Wandry v. Commissioner a “Landmark Decision” That Allows Tax-Free Ownership Transfers Over Generations —WSJ

Shielding the Family Business The best part for valuators is that all of this requires a professional appraisal (detail below). The Wall Street Journal Tax Report's Laura Sanders reports  that: Small-business owners often complain of feeling caught in the cross hairs of the tax code. For a change, here's good news. The Tax Court has just blessed a new technique that owners of closely held businesses—and wea ...

Read more

A Short History of Congress’s Power to Tax —WSJ

The Supreme Court Has Long Distinguished the Taxing Power from the Regulatory Power  Paul Moreno, professor of history at Hillsdale College,  details the history on the Wall Street Journal opinion page:  The first enumerated power that the Constitution grants to Congress is the "power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welf ...

Read more

Palmerino v. Palmerino & Giaimo v. Vitale

In Palmerino v. Palmerino, the Massachusetts Court of Appealsconsidered whether a trial court erred in valuing the husband’s grocery store. The trial court’s approach had not included discounts—and went further to state that the income approach is preferable for valuation.  Find out what the court decides!  In Giaimo v. Vitale, the Supreme Court of New York considers the dissolution of a company called EGA ...

Read more

Case Law—State: Case Law—State: American Ethanol, Inc. v. Cordillera Fund, LP

Case Law—State: American Ethanol, Inc. v. Cordillera Fund, LP In American Ethanol, Inc. v. Cordillera Fund, LP, the Supreme Court of Nevada is required to weigh in on fair market value. A lower court had judged that stockholders were fairly paid some $1.75M (about $3 per share) for American Ethanol at the time of the merger. American Ethanol appealed, claiming it was worth more. Part of its argument was tha ...

Read more

Tax Court: No Cancellation of Debt Income Despite Form 1099-C –Accounting Today

Roger Russell recaps the decision at Accounting Today. The Tax Court, in a recent summary opinion, ruled that an individual did not have cancellation of debt income in the year that a collection agency issued him a Form 1099-C and stopped its automated collection efforts. The IRS determined a deficiency in David Stewart’s 2008 income tax of $2,138, based on a Form 1099-C issued by the collection agency. The ...

Read more

Seventh Circuit Applies ‘Independent Investor’ Test to Help Determine Reasonable Compensation

Payments an accounting firm characterized as consulting fees were really disguised dividends and should have been taxed as corporate income, the Seventh Circuit held on Thursday. The payments reduced the firm's income to zero, and the court applied the "independent investor" test to recharacterize them as dividends paid to the firm's owners.   Alistair M. Nevius at the Journal of Accountancy, in the article ...

Read more

Debtors Must Pay Capital Gains Tax in Full, Supreme Court Holds

You can't avoid paying taxes on assets you sell after a bankruptcy.  At least if you're a farmer.  Sally P. Schrieber at the Journal of Accountancy reports The U.S. Supreme Court ruled Monday that farmers who sold farm assets during a bankruptcy reorganization under Chapter 12 of the Bankruptcy Code were liable for the full amount of the capital gains tax that resulted from the sale (Hall, Sup. Ct. Dkt. No. ...

Read more

Friday Fun: Social Media Explained. Plus! A Cool Lawyer Ad.

If you're still trying to figure out whether and how your practice should have a social media strategy, don't worry—lots of other folks are too.  This simple graphic should help you understand your choices:   It's really quite simple once you break it down.   . . . and we know a lot of you have spent time as expert witnesses, or doing litigation preparedness work for your clients. But are you ready to ...

Read more

Tax Court Rules: A Business Claims Value of $12M; The IRS Argues for $36M

Estate of Natale B. Giustina v. Commissioner What happens when a case lands in the United States Tax Court where Form 706 found the fair market value of a business share at $12.6 million and the IRS estimates it’s worth $36 million? Find out, in Estate of Natale B. Giustina v. Commissioner! At issue was a 41 percent share in a closely held timber company. Meanwhile, in the Delaware Chancery Court, In re Ans ...

Read more

Dentist’s Employment Contract Kills Personal Goodwill Argument

Dentist's Employment Contract Kills Personal Goodwill Argument - Ninth Circuit Rules Peter J. Reilly on Forbes.com:   Tax planners generally think that clients are well served by their thoroughness.  I have little doubt that this is generally the case.  Every once in a while, though, that little bit of extra work can be counterproductive.  In the case of Dr. Howard the extra step, that a less thorough plann ...

Read more

©2017 NACVA and the Consultants' Training Institute • (800) 677-2009 • 5217 South State Street, Suite 400 Salt Lake City, UT USA 84107

event themes - theme rewards

UA-49898941-1
lw