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 the firm. ChatGPT for Accountants: The Accountant’s Guide to AI and ChatGPT offers a thought-provoking exploration of the relationship between artificial intelligence (AI)—primarily ChatGPT—and the accounting, auditing, and tax professions. Through an examination of the potential applications, challenges, and evolving nature of the…
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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 thoughts on factors you may want to consider if you are thinking of growing your firm and the reasons for pursing this growth. According to BVR’s 2023 Business Valuation…
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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 storage and retrieval techniques, and the ‘076 patent related to restricting user access. As the case proceeded to the damages phase, MicroStrategy filed a motion to exclude certain opinions of Daedalus’ damages expert, Jim W. Bergman, under Daubert and Federal Rule of…
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The Perils of a Party Doing their Own Business Valuation in a Dissolution Action Kwak v. Bozarth is an unpublished Massachusetts case.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 court decision. Valuation professionals often say that valuing privately owned businesses is a blend of science and judgment. Kwak v. Bozarth, 2023 Mass. App. Unpub. LEXIS 179; 102 Mass. App. Ct. 1116; 2023…
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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 potential to transform your firm. 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…
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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. This is particularly the case when the property tax matter involves an assessment appeal or litigation regarding the amount of the property assessment. The articles in this series focus on the valuation of intangible property…
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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 the fair resolution of partnership disputes arising from equitable profit-sharing in a 50/50 partnership with unequal workloads, and without a deadlock-breaking mechanism. Introduction 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…
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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 property tax matter involves an assessment appeal or litigation regarding the amount of the property assessment. The articles in this series focus on the valuation of intangible property within the context of ad valorem property tax disputes. Introduction…
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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, reasonable certainty) were reviewed, the way of discounting future lost profits to present value was presented, modeling lost profits calculations and how these factors impact the discount rate were discussed. In addition, this series has addressed the differences…
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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 tax matter involves an assessment appeal or litigation regarding the amount of the property assessment. The articles in this series focus on the valuation of intangible property within the context of ad valorem property tax disputes. Introduction…
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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 kind of people you want to rub elbows with. And almost two-thirds of LinkedIn members have never worked at a company with more than 200 employees—indicating most LinkedIn users likely work for private businesses you might be…
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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 the admissibility of expert witness testimony. On December 01, 2023, new amendments to Rule 702 of the Federal Rules of Evidence will go into effect that will impact the admissibility of expert testimony. These amendments concern the standard for…
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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 recent 2023 Florida legislative session including: HB[1] 543, which allows Floridians to carry guns without concealed weapons licenses;[2] HB 1305, which sets requirements for the Florida Department of Transportation to conduct inspections of the Walt Disney…
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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 rate is real and defensible. Monte Carlo modeling allows us to test the underlying assumptions. Time to put it all together. This is the second QuickRead article on…
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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 or operations departments? Perhaps not. This article discusses the importance of having all members of the organization involved in the internal control process. Internal Communication and its Impact on Fraud Prevention When occupational fraud occurs within an…
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The Choice of Models and Considerations When Developing a Rate for Your BV Report (Part I of II) Why all the excitement about interest rate volatility? Can’t we just look at a multi-year average and use that in our calculations? Well, we could, but considering recent and expected volatility, that might lead to some big errors. There are several reasons. In this article, the author discusses various models and the importance of the rate developed for a BV report. Why all the excitement about interest rate volatility? Can’t we just look at a multi-year average and use that in our…
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(Part V) To look to the future of the BV profession, we must explore the relevant dynamics within the industry. That starts with looking to our past to see what events and milestones brought us to where we are today, followed by ascertaining the economic and demographic trends leading us into the future, and culminating with identifying those trends which will have the greatest impact upon the profession. NACVA set upon drafting a white paper that would provide valuable insight to the future of the business valuation profession, with Chris Mercer taking the lead who is known by nearly every…
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More Than Just a Conversation What tools are available to assess an owner’s readiness to exit a business? What process exists to enable professionals to assist an owner with exit planning? This article is based on three tools presented and discussed at NACVA and the CTI’s July 2023 Business Valuation and Financial Litigation Super Conference. Those three tools are the Business Exit Readiness Index (BERI), the Owners Dependence Index (ODI), and the Growth Planning Index (GPI). These three owner survey tools deliver actionable information for the advisor(s) and the business owner client. These tools are useful at different points of…
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First Steps in the Fraud Investigation The first steps in a fraud investigation are crucial to setting the tone and can set the stage for a successful, or lack thereof, investigation. This article details the first steps a company should take when initiating a fraud investigation, what experts will be necessary to uncover illicit behavior, and what parties need to be notified. Introduction Fraud is a pervasive issue that affects businesses, organizations, and individuals across various industries. Often, an organization is surprised to find itself a victim of fraud, especially when the perpetrator is a trusted employee. According to the…
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Emerging Technologies, Emerging Ethical Risks This article summarizes points made at the Address at the 2023 NACVA Annual Conference. On-Demand Course: We Know Smart Contracts are “Smart” but Are They “Ethical”? Emerging Technologies, Emerging Ethical Risks It is not the business of the botanist to eradicate the weeds. Enough for him if he can tell us just how fast they grow. –C. Northcote Parkinson, in Parkinson’s Law, 1957. On July 13, 2023, I was invited to deliver the Keynote Address at the NACVA and the CTI’s Business Valuation and Financial Litigation Super Conference held at the Cliff Lodge in Snowbird,…