Awaiting Proposed ESOP Regulations In April of this year, the author wrote “Adequate Consideration” Defined? for QuickRead. Since then, the author has regularly checked for updates from the Department of Labor (DOL) with respect to the definition of adequate consideration as it pertains to section 408(e) of the Employee Retirement Income Security Act of 1974 and employee stock ownership plans. Although there have not been any regulatory updates from the DOL (as it pertains to the definition of adequate consideration), there is some news on the topic to share. In April of this year, I wrote “Adequate Consideration” Defined? for…
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The Maggard v. Commissioner Tax Court Opinion S Corporations are required to have one class of stock. In this article, the author discusses the recent Maggard v. Commissioner U.S. Tax Court opinion and addresses whether a disproportionate distribution violates the one class of stock requirement. In any financial analysis of a company, we must consider potential tax liabilities. Since many small businesses operate as S corporations, the possibility of their S status being terminated retroactively can be a major concern. One potential way to intentionally or unintentionally terminate S status is to violate the requirement that the company have only…
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Approaches, Standards, and Terms Although machinery and equipment appraisals differ from business valuations as a distinct branch of the appraisal practice, many overlapping concepts reinforce and support the key factors needed to establish a reliable and defensible opinion of value for the subject assets. This article provides a primer on the subject matter. “In the world of valuation, the most important element is to understand what drives value.” Bruce Greenwald (economist and professor) Although machinery and equipment appraisals differ from business valuations as a distinct branch of the appraisal practice, many overlapping concepts reinforce and support the key factors…
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A Meandering in the Mind(s) of ChatGPT (Part III of III) In the first two articles of this three part series, the author introduced a brief history of her own word processing software use and preferences, then used several models within an AI tool, ChatGPT, to generate an article with a single prompt. There are some issues with prompts. For instance, the author found that the tools sometimes interpreted them as an instruction to avoid the use of subtitles, other times as an instruction to exclude subtitles from the word count. The author concludes with her findings regarding the current…
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A Meandering in the Mind(s) of ChatGPT (Part II of III) This is the second article of a three-part series. In the first article, the author introduced a brief history of her own word processing software use and preferences then used several models within an AI Tool, ChatGPT, to generate an article with a single prompt, “The article must be between 4750 and 5250 words, not including subtitles. The article must … Read Part I here. What You Missed in Part I I introduced a brief history of my own word processing software use and preferences then used several models…
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Rethinking How to Connect Effectively on LinkedIn While LinkedIn provides professionals an opportunity to connect, not all connections are desirable. In this article, Rod Bukert shares his views on how to effectively connect. I imagine you count many business valuation (BV) colleagues among your LinkedIn (LI) connections. But unless they’re sending you work, it’s not your best move. You see, if you are connected to someone, you see each other’s updates on your respective feeds. And because your updates get read by your BV colleagues, who are most likely friends, you are sending them Facebook-like information … stuff that’s nice…
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Valuation Implications The U.S. government is the largest payor of medical costs, through Medicare and Medicaid, and consequently has a strong influence on reimbursement to healthcare providers. The 2025 proposed fee changes are significant. This article focuses on the proposed fee changes and how these changes may affect valuations of healthcare practices. The U.S. government is the largest payor of medical costs, through Medicare and Medicaid, and consequently has a strong influence on reimbursement to healthcare providers. The prevalence of these public payors in the healthcare marketplace often results in their acting as a price setter and being used as…
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A Meandering in the Mind(s) of ChatGPT (Part I of III) This series chronicles the use of an AI generation tool to generate content. Most of the uses the author has heard of from colleagues rely on an AI tool to generate content in response to various questions. Through the series the author shares iterations of an article that relied on AI and provides examples to show how a story can change using AI. Some Perspective I do not use AI assistance in anything. In fact, I do not use autofill, autocorrect, grammar suggestions, or even spellcheck. I do not…