A Discount for Controlling Interests This article examines studies and judicial decisions addressing the use of DLOMs where there are controlling, 100% ownership interests, followed by review of a recent client assignment that illustrates the importance of being well versed with the valuation theory in this area.
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Revenge Porn, Ugg, VirnetX, and Apple This case law highlights a number of patent, copyright, and business valuation cases litigated in the first quarter of 2018. The revenge porn case highlights a distressing but potential opportunity for litigation support professionals. The VirnetX v. Apple and Deckers Outdoor Corporation v. Romeo & Juliette, Inc. cases highlight the perils of patent litigation and fleeting value of patents.
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As a risk management professional at CNA, professional liability insurance carrier for nearly 25,000 CPA firms, I am often asked if engagement letters are worth all the effort. The answer, based on my personal and CNA’s claim experience, is a resounding YES! I’ve experienced firsthand the value these letters bring to the table. To read the full article in AICPA, click: Engagement Letter Stories—When They Hurt and When They Worked.
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Soon after President Trump signed the bill, some wealthy clients who owned businesses needed to know if they could save on taxes by buying manufacturing equipment in 2017. Others needed advice on whether to pay state income tax by Dec. 31 if they were not subject to the alternative minimum tax. To read the full article in FinancialPlanning, click: New Tax Law, More Business for Financial Advisors.
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Under the new FASB rules, financial statement preparers are provided an option to reclassify stranded tax effects within accumulated other comprehensive income in each period in which the effect of the change in the U.S. federal corporate income tax rate in the Tax Cuts and Jobs Act (or portion thereof) is recorded. To read the full article in the Journal of Accountancy, click: FASB Addresses Stranded Income Tax Effects of New Tax Law.
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On Patent Damages and Apportionment In two recent cases, the U.S. Court of Appeals for the Federal Circuit provided important guidance when applying apportionment principles to calculate reasonable royalty damages. See Finjan, Inc. v. Blue Coat Systems, Inc., 879 F.3d 1299 (Fed. Cir. 2018); Exmark Mfg. Co. v. Briggs & Stratton Power Products Group, LLC, 879 F.3d 1332 (Fed. Cir. 2018). The Federal Circuit signaled greater flexibility when apportioning damages, which may permit using the royalty rate and not just the royalty base, to value a patented invention’s contribution to a larger, multicomponent product. The Circuit also reaffirmed, however, that…
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What is Your Case Worth Today? What is the value of a contested estate? In this article, the author shares her insight and discusses two leading U.S. Tax Court cases in this area, Estate of Lennon and Estate of Foster.
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The accounting profession sits on the cusp of unprecedented change. Transformative technologies will reshape virtually every corner of the accounting world. For CPAs to survive and thrive, they will need to learn—and unlearn—on a scale and at a pace that can seem overwhelming. To help CPAs prepare, the JofA gathered three of the profession’s top technology experts for its annual accounting technology roundtable. To read the full article in the Journal of Accountancy, click: How AI, Blockchain, and Automation Will Reinvent Accounting.
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This article highlights a broad, industrywide study of the impact and implications of sexual harassment across professional communities, including banking, payments, mortgages, financial advisory, accounting, health care, employee benefits and capital markets (including municipal finance and M&A advising). To read the full article in FinancialPlanning, click: Ten Key Findings: Sexual Harassment in the Professional Workplace.
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Congressional Republicans created a juicy new tax break for clients when they rewrote the U.S. tax code late last year. Three months later, hundreds of thousands of them still do not know if they qualify. The IRS has said it will provide guidance detailing exactly who is allowed to take the so-called pass-through deduction. With billions of dollars at stake, business groups are lobbying for the agency to open the doors to the deduction as widely as possible. To read the full article in FinancialPlanning, click: No One’s Sure Who Qualifies for this $415B Tax Deduction.
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Underlying Policy Identified The pass-through entity, that legal entity structure that has given valuators consternation over the years, is back in the news thanks to the Tax Cut and Jobs Acts (TCJA) signed into law at the end of 2017. According to the Joint Commission on Taxation, business owners filed 35.3 million pass-through returns in 2015. Another 1.6 million returns were file by C corporations. The TCJA has essentially created a flat tax of 21% for corporations. There is a lot of buzz about “199A”, a new Internal Revenue Code section and deduction and the introduction of a new term,…
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Behavior Detection in Forensics The United States Marine Corps (USMC) has deployed behavior detection techniques for years, most recently in counterterrorism actions. Marines are taught the techniques during their Combat Hunter Course so that bad guys can be detected before they can do bad things. “Left of bang” means before the bad things happen; “right of bang” means that bad things have already happened, e.g., ambush, improvised explosive device (IED), etc. Therefore, managing to stay “left of bang” means staying alive for the Marines. Likewise, “left of bang” applies to forensic operators; avoiding bad things such as missing fraudulent activities,…
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Day in, and day out, how do you stay inspired? We asked nine accountants what inspires them and what advice they would give to help others in the profession find that inspiration. To read the full article in the Journal of Accountancy, click: Accountants Reveal What Inspires Them Every Day.
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FINRA has launched a helpline to provide firms with direct assistance and answers to general and routine FINRA related questions, as well as direct callers to the proper regulatory staff and other departments. The effort is part of its FINRA360 organizational improvement program. To read the full article in FinancialPlanning, click: FINRA Helpline Aims to Aid Smaller Firms, but Concerns Arise.
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The retirement software space is seeing increased signs of activity, as advisors seek more sophisticated tools to help clients plan a life after work. To read the full article in FinancialPlanning, click: Retirement Planning Space “Ripe for Modernization”.
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And How to Create one The author discusses why one needs an elevator speech and how to prepare the elevator speech. If you have such a speech, how is that working?
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A Run-Down on What is Changing President Donald Trump signed the Tax Cuts and Jobs Act (TCJA) presented to him by Congress on December 22, 2017. Debate on the provisions of the bill dominated the last quarter of 2017. It was first presented on November 2, 2017 by Texas Congressman Kevin Brady, chair of The House Ways and Means Committee. Two weeks later, November 16, the House passed the Bill and forwarded it on to the Senate. The Senate Finance Committee passed its own version of a tax reform Bill and the full Senate voted 51 to 49 to pass…
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Before investing client assets, advisors are required to assess a client’s risk tolerance. If the investor takes on more risk than they can endure, they are likely to lose more money than they can stomach when the inevitable bear market comes. And even if the market recovers, there’s a risk that the investor will panic sell at the bottom of the market. To read the full article in Financial Planning, click: Risk Tolerance: The Misperception that Keeps Hurting Clients.
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The world is more hectic than ever. Busy professionals often struggle to escape the career treadmill, and omnipresent technology keeps us working around the clock. Dinnertimes eaten up by e-mails and weekends lost to client calls create a costly intrusion. When free time becomes scarce, family activities frequently get moved down the to-do list. To read the full article in the Journal of Accountancy, click: How to Create More Quality Family Time.
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When a male co-worker got too close for comfort, he drove a financial advisor to leave a regional brokerage firm where she had been working for years. He gave other female colleagues shoulder rubs that they “did not want, nor ask for,” said the advisor, who requested anonymity to share her story. To read the full article in FinancialPlanning, click: Wealth Management Fares Worst in Broad Study of Sexual Harassment.