You Are Here: Home » Posts tagged "Case Law"

Estate of Holliday, T.C. Memo 2016-51 (March 17, 2016)

A Taxpayer Loss—Assets Included in the Estate We find ourselves in a familiar place once again—that is, analyzing a case in which the IRS attacked an FLP under I.R.C. § 2036. Just two months ago, I wrote an overview of Estate of Purdue v. Commissioner, (T.C. Memo 2015-249), in which the IRS attacked a closely-held asset holding company, in that case it was an LLC, under I.R.C. §2036. While both holding comp ...

Read more

Dual Fairness Opinions and the Role of the Valuation Firm

Fairness opinions are issued by a financial advisor at the request of a board that is contemplating a significant corporate event.  Jeff K. Davis, CFA, managing director of Mercer Capital’s Financial Institutions Group, delivered a presentation on November 30, 2015 at the IV OIV International Business Valuation Conference in Milan, Italy by addresses the topic of dual fairness opinions and the role of the v ...

Read more

Legal Research

Where to go to get Case Law Research can be daunting in and of itself. However, researching case law can be overwhelming, especially if you do not have the fanciest databases or are not aware of what is offered on a more economic level. Thankfully, there are tools and resources available to help you find what you are looking for. ...

Read more

Einstein and Valuation: It’s All Relative!

It’s Responsible and Efficient to Begin Appraisals by Granting Certain Assumptions and Respecting Precedent. Here’s Why. All kinds of news, findings, and rulings come out that might affect the work of financial consultants and appraisers every day. When can you know when a precedent is important or something you can ignore? Or, put another way: what information is most important to pay attention to? Rand Cu ...

Read more

Kite v. Commissioner is a Major Loss for IRS —Financial Planning

Case Involved $6M in Gift Tax and $5M in Estate Tax; Interest in General Partnership Sold for Private Annuity; Much Planning at the End of 2012 Bruce Givner at Financial Planning reports that U.S. Tax Court Judge Elizabeth Paris handed the taxpayers a victory last Thursday [2/14/2013]  involving a powerful estate tax planning tool: private annuities.   The case, Estate of Kite v. Commissioner, is important, ...

Read more

IRS Wins Major Tax Shelter Case —WSJ Washington Wire

Tax Court Judges Structured Trust Advantaged Repackaged Securities” ("STARS") as Illegitimate.  Costs to BNY/Mellon May Exceed $800M. The Internal Revenue Service won a high-profile tax shelter case involving Bank of New York Mellon Corp. on Monday, in a ruling that could cost the company more than $800 million.  John D. McKinnon at the WSJ Washington Wire reports the news: ...

Read more

A Federal Appeals Court is Scheduled to Hear Arguments Today Over When Software is Patentable —Wall Street Journal, Seeking Alpha

"It's a Huge Case for the Patent-Law Community." On One Side: Google, Facebook, Intuit.  On the Other? IBM. "Because the patents are often unclear, there's no way to know whether an infringement claim by a competitor or a troll is legitimate until you've spent $8 million in litigation fees," said Mr. Schruers Ashby Jones in the Wall Street Journal  reports this morning that a federal appeals court in Washin ...

Read more

100 Small Banks Use JOBS Act to Stop Reporting to SEC —Washington Post

For Nearly Five Decades, Securities Law Allowed Banks with Fewer than 300 Shareholders to "Deregister," Now, Banks With Under 1200 Shareholders Can Do the Same Under Provisions of the JOBS Act    Dina ElBoghdady reports some interesting news this week in the Washington Post:  about 100 small banks have stopped reporting financial details about their operations to the SEC since the JOBS Act was enacted in Ap ...

Read more

Estate of Gallagher Tax Court Case is a Valuation Tutorial

The Tax Court Speaks Loudly and Firmly on the Responsibilities of Business Appraisers Hempstead & Co. has published "Estate of Gallagher is a Valuation Tutorial."  The article emphasizes the importance of providing the court with a clear and convincing explanation of the assumptions and arguments you have employed in carrying out a business appraisal. It discusses the recent Tax Court Memorandum opinion ...

Read more

“Health Scare for Small Businesses” — WSJ Law Blog — Growing Trend — Stories in NYT, Economist, WaPo, CNN, Forbes, US News & World Report, The Hill, & More.

Ahead of the new health-care law, small firms worry about crossing the crucial 50-person threshold — and about rising premium rates  Emily Maltby at the WSJ Law blog reports on increasing concerns about the forthcoming healthcare laws among small business owners.  This seems to be a prominent issue and concern among small business owners, and has been noted in most every major media outlet in recent weeks, ...

Read more

Will a Robot Take Your Job? —The New Yorker

Plus: A Black Box that Performs Business Valuations for Privately Held Companies?  The Scenario Might Not Be as Far-Fetched as You Think Not too long ago I had lunch w/a senior valuation guy, someone who's made his living in the field for some 30 years, and was there almost from the first days The National Association of Certified Valuators and Analysts (NACVA) was formed and Shannon Pratt began publishing ...

Read more

With New Health Law, Sharp Rise in Premiums—New York Times, 20+ Other Outlets

2013 California Filings:   Aetna: 22 percent.  Anthem Blue Cross: 26 percent.  Blue Shield of California: 20 percent. Reed Abelson at the New York Times reported last week that health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapi ...

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

©2021 NACVA and the Consultants' Training Institute • (800) 677-2009 • 1218 East 7800 South, Suite 302, Sandy, UT 84094 USA

event themes - theme rewards

Scroll to top
UA-49898941-1
lw