Stakeholders Welcome and Also Dispute Various Changes On July 13, 2023, the Centers for Medicare & Medicaid Services (CMS) released its proposed Medicare Physician Fee Schedule (MPFS) for calendar year (CY) 2024. In addition to the agency’s suggested cut to physician payments, the proposed rule announced changes in policies for the advancement of health equity, as well as the expansion of access to crit ...

4 Reasons Why You Don’t Have the Practice You Want (Yet) If you have the practice you want, congratulations! Stop reading now and use this time to do something else. But if there is a gap between the practice you have and the one you want, why does it exist? There are four possible reasons. Rod Burkert names those four reasons and what you can do to bridge the gap. If you have the practice you want, congrat ...

The Aftermath of the 2022 AHA v. Azar SCOTUS Decision On July 13, 2023, the Centers for Medicare & Medicaid Services (CMS) released the proposed rule for the Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Centers (ASCs) for calendar year (CY) 2024. The agency proposes an increase in payments to all outpatient providers, introduces a new program, and announces their solution to repa ...

Ethical and Practical Implications Too many appraisers omit the contingent BIGL in their appraisals. It certainly is easier to yield to the pressure of estate attorneys, CPAs, and the IRS on this point, but in light of the evidence for inclusion, is this the ethical path? The author discusses the merits and ethics of including the BIGL. Too many appraisers omit the contingent built-in capital gain tax liabi ...

Normalization Adjustment Steps and Practice Pointers Reasonable compensation is among the most common of all normalizing adjustments in valuations of closely held businesses. The dollar amounts involved can be significant, the issues can be complex, and the valuator’s conclusions can be controversial. In preparing to make these adjustments, there are a series of steps that are normally followed. Among the s ...

ChatGPT for Accountants: The Accountant’s Guide to AI and ChatGPT In this article, the authors review ChatGPT for Accountants: The Accountant's Guide to AI and ChatGPT. They discuss thought-provoking exploration of the relationship between artificial intelligence (AI)—primarily ChatGPT—and the accounting, auditing, and tax professions, and offer their views on the benefits and perils of integrating AI into ...

Is Your Goal More Revenue or More Profit? Your Next Hire May Tell According to BVR’s 2023 Business Valuation Firm Benchmarking Survey, the demographics say you, dear reader, most likely run your firm as a solo (24 percent of respondents), are in a firm with one or two employees (21 percent), or are heading up a small valuation practice in a traditional CPA firm. In this article, Rod Burkert shares his thoug ...

Court Admits Royalty Analysis on a Convoyed Sales Approach and Denies Motion to Exclude Patent Infringement Case This case arose from a patent infringement lawsuit filed by the Plaintiff, Daedalus Blue, LLC against the Defendant, MicroStrategy Incorporated. Daedalus alleged that MicroStrategy’s analytics software products infringed on two patents originally developed by IBM: the ‘172 patent related to data ...

The Perils of a Party Doing their Own Business Valuation in a Dissolution Action Kwak v. Bozarth is an unpublished Massachusetts case. The trial court made several decisions based on unavailable data. The case illustrates the perils of a party in a martial dissolution acting as their own expert and underscores the importance of how the standard of review affects an appellate panel’s review of the trial cour ...

For Free Imagine streamlining the administrative and marketing tasks of your business valuation or forensic accounting firm, freeing up valuable time to focus on higher-value activities. In the dynamic landscape of these industries, professionals are constantly seeking innovative solutions to boost productivity and efficiency. In this article, we delve into the extraordinary capabilities of ChatGPT and its ...

Part III of III This article is the third and final of a three-part series on intangible property and property tax appraisals. Read Part I here and Part II here. Valuation analysts are often retained by industrial and commercial companies to assist with state and local property tax planning, compliance, and controversy matters. Often, analysts are retained by the legal counsel for the corporate taxpayers. T ...

The Role of a Neutral Third-Party Valuation Expert as an Umpire in Partnership Deadlocks Partnerships are common structures in professional service practices, offering opportunities for synergistic collaboration. However, conflicts can arise, especially in the absence of a well-contemplated equitable profit-sharing formula and a deadlock-breaking mechanism in the partnership contract. This article explores ...

Part II of III This article is the second of a three-part series on intangible property and property tax appraisals. Valuation analysts are often retained by industrial and commercial companies to assist with state and local property tax planning, compliance, and controversy matters. Often, analysts are retained by the legal counsel for the corporate taxpayers. This is particularly the case when the propert ...

A Review of the Basics for Lost Profits (Part VI) The first five installments of this series have been a review of the basics for calculating lost profits. In the series, lost profits was defined, the common methods used for calculating lost profits (yardstick, before and after, sales projections, market) were discussed, the court standards for assessing lost profits (foreseeability, proximate cause, reason ...

Part I of III This article is the first of a three-part series on intangible property and property tax appraisals. Valuation analysts are often retained by industrial and commercial companies to assist with state and local property tax planning, compliance, and controversy matters. Often, analysts are retained by the legal counsel for the corporate taxpayers. This is particularly the case when the property ...

This is Why You are Not Generating Leads on LinkedIn The LinkedIn platform provides BVFLS professionals a potential avenue to showcase their firm’s knowledge and specialization. In this article, Rod Burkert shares why many BVFLS professionals on LinkedIn are unable to generate business from their presence on the platform. Did you know: Close to one-half of the USA’s millionaires are on LinkedIn—just the kin ...

Admissibility of Expert Witness Testimony and Reliability of Methodology On April 24, 2023, the Supreme Court of the United States approved two amendments to Rule 702. The language of these amendments was modified slightly from the language of the proposed amendments approved by federal judiciary’s Advisory Committee on Evidence Rules. This article discusses the amendments and how the changes will impact th ...

Consideration of Adultery in a No-Fault State and Elimination of Permanent Alimony (effective in Florida as of July 01, 2023) Florida has eliminated permanent alimony. This article discusses this change in the law, including the new alimony structure, consideration, burden of proof, and fact that the court now is allowed to consider adultery in determination of support. More than 200 laws passed in the rece ...

Sanity Checks to Keep it Real and Defensible (Part II of II) This is the second QuickRead article on interest rate volatility and modeling, read Part I here. As valuation professionals, we know that we need to develop and test the interest rate assumption. Valuation professionals also need to understand the impact that an interest rate used will have on the cash flows and value of the firm, and ensure that ...

The Vital Role of Seamless Internal Communications When occupational fraud occurs within an organization, it is not a surprise that the root cause of the fraud was due to deficient internal controls. However, what does “internal controls” mean to all parties involved at an organization? Accountants should know what “internal controls” are, but does this concept resonate with the personnel within the sales o ...