Working within the DLOM ambiguity This review examines the impact of volatility as a risk factor in the discount for lack of marketability (DLOM) and answers questions regarding the flexibility of adjustment periods.
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Equity creditor appointment standards and lessons for hiring business valuation professionals from Kodak’s bankruptcy This article provides an overview of the Eastman Kodak bankruptcy case and focuses on the standard a bankruptcy court will use deciding whether to appoint an official equity creditors’ committee. It also explains why the bankruptcy court granted Kodak’s motion in limine to exclude‒under Daubert‒the opinion of two expert witnesses retained at the eleventh hour by the shareholders.
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As corporations and their CFOs prepare to launch their 2014 budgets, Michael R. Press of M. R. Press Consulting, writing for CFO.com, points out ideal opportunities to maximize ROI through tax incentives at the state and local levels. In a tightly-detailed, three step approach, Press explains that with the right goal criteria, corporations can recoup virtually all of the initial investment capital related to these regulations. “It’s important to know that the way a company’s business units define projects for capital budgeting purposes is not the same as the way the government defines economic development “projects” supported by incentives. This…
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The IRS recently issued regulations (T.D. 9630) affecting how the differential income stream approach applies to cost-sharing agreements. Nearly two years ago, “final” cost-sharing rules were published under Sec. 482. This newer round of regulations is intended to ensure that cost-sharing agreements are in line with Sec. 482’s commensurate-with-income principle. In its earlier attempt to guarantee pricing practice in all cost-sharing agreements, the IRS instituted the income, acquisition price, and market capitalization methods. The motives of the IRS and a summary of the new regulations are provided by Sally Schreiber, senior editor at the Journal of Accountancy, along with links…
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Does failing to review anti-trust risk enormous penalties for being anti-competitive? M&A professionals need to take anti-trust considerations into their due diligence planning. As international manufacturing relationships continue to increase in the U.S., there is an ever-growing number of international authorities and nations ready and willing to contest your agreement.
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So why do we, as appraisers, differ from judges when it comes to subsequent events? Traditionally, valuation and litigation support professionals only consider facts known or knowable as of the valuation date, yet courts will look at subsequent events. This article examines how a valuation and litigation support professional may address subsequent events.
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Maximizing the benefits of divorce mediation This article discusses some of the benefits provided by divorce mediation and how identifying the ideal clients can make divorce a less painful and even pleasant process.
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Equity funds now able to engage in mass advertising In just a few days, the ban that prevents private equity funds from marketing directly to the public will be lifted. A recent review by Michelle Park of Crain’s Cleveland Business examines what this might mean for various private equity and venture capital funds and their future customers.
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New Jersey Governor, Chris Christie recently vetoed legislation that would have given greater authority to the state’s real estate professionals to provide broker price opinion (BPO) and comparative market analysis services. Citing “consumer confusion” Christie vetoed bill S.2551 that some said would provide additional business opportunities for real estate licensees within the state. Passed by the New Jersey legislature in June, the bill would have given real estate brokers, broker-salespersons and other sales personnel the power to perform BPOs for any purpose, except for use in the New Jersey Tax Court and eminent domain proceedings. The Appraisal Institute, which strongly…
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In a recent presentation to donors and alumni, University of Louisville president and economist, Dr. James Ramsey gave what most thought would be a gloom and doom “state of the university” address. While government funding and support from the State of Kentucky are certainly in decline, Ramsey’s presentation was surprisingly upbeat. Freshmen test scores were up dramatically. The graduation rate was stronger than ever, and the research budget had quintupled since 1998. As if that weren’t enough good news, the university was recently invited to join the Atlantic Coast Conference, and the football team scored a victory in the Sugar…
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The fictional character Fleet Walker provides real world advice Assessing, improving and monitoring anti-fraud programs are key elements of an effective internal control structure. Many companies have a long way to go to address the challenges of fraud and corruption. In this brief article, Professor Crumbley suggests that as a starting point, we consider the steps taken by Fleet Walker (a fictional character of his novels).
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Using software to digitize your litigation consulting practice How well does your current document management system measure up? Learn more about the latest trends and techniques in using electronic data storage and how accountants are uniquely positioned to transition into the use of this technology in their litigation consulting engagements.
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A closer look at real estate appraisal and government contracts A wife sells her portion of interest in a law firm in an arm’s length transaction and the timing and circumstances are questioned with regard to marital property. Adhering to cost accounting standards within government contracts and real estate valuation issues are reviewed in the latest Case Law Update.
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Forensic accountants are key in the division of marital property in divorce. Forensic analysts in marital litigation support must understand the nuances of jurisdiction. Going beyond the normal practice of tracing, this overview explores three additional approaches that are essential to reclassify property formerly thought of as separate to marital property.
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In response to having their E-mail addresses constantly traded and sold only to end up being bombarded by spam, consumers have struck back at retailers and corporations. They’ve pulled the plug on the unwanted online marketing mayhem with what’s known as disposable E-mail addresses (DEA). Accounts don’t require any personal registration information like a name, birthday or location. They’re also not activated until an E-mail is received. The only thing needed to confirm a purchase or authorize a financial transaction is knowledge of the E-mail address itself. The most common extensions for DEAs tend to be .com, .net, .org and…
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With the kickoff of the new football season, Forbes has once again, released its much anticipated valuation list of Most Valuable NFL Teams. How the numbers stack up gives a very interesting view inside the most valuable professional sports league on earth. According to the Forbes data as reported by Pressboxonline.com, the average NFL team increased in value by 5 percent. Interestingly, winning the Super Bowl only adds about an additional 1 percent to a team’s value. This is largely due to the operating structure of the NFL, the variance of national revenues and the sometimes limited revenue from local…
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Cloud Computing Choices & Preference In this final installment of her five-part series on transitioning to a virtual office, Simone Hoover explains the types of contracts involved with cloud service and what every business owner should ask before making a commitment.
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Medical practice sale pitfalls There are several issues to be keenly aware of when valuing a medical practice, including sources used to evaluate the efficiency of a practice and the need to determine what a benchmark is for the doctor in the practice. It is imperative to do a common sizing calculation when comparing a practice’s performance with national practice data for the medical specialty.
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Business development concerns outpacing technical issues A new survey by the AICPA reveals that priorities for forensic and valuation services (FVS) professionals have changed significantly in just the last three years. The report details what’s most important to them today and why it may not have as much to do with the economy as you think.
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Giving holders of concentrated risk in public company stock a tax break This article establishes there is recognition by the IRS and the courts that a well-supported proof of impairment based on the sale of a large number of shares necessitates an investor concession. It provides the rationale and methodology to capture the existence and the level of impairment.