The Trouble for the Innocent Spouse with the IRS and State Tax Authorities Spouses that unwittingly sign a state or federal tax return may be held joint and severably liable for underpaid taxes. The expanded innocent spouse relief provides potential relief, but that relief takes time and requires extensive documentation.
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Issues and Opportunities This article discusses some of the issues in using the Pratt’s Stats transaction data, which can be used to develop multiples in a Market Approach or to develop a private market discount rate used in an Income Approach. The information presented is relevant to both business brokers/intermediaries and business appraisers.
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On September 18, 2014, the Internal Revenue Service (IRS) issued two new notices—one proposing changes for when a taxpayer can revoke healthcare coverage in a cafeteria plan and enroll in a plan on the health insurance marketplace exchanges; the second notice proposes an approach for how to measure the lookback period for determining who is a fulltime employee when an employee changes positions within the same employer group. Cafeteria Plan Elections In Notice 2014-55, the IRS proposed amendments to Regs. Sec. 1.125-4 to permit employees to revoke their election of employer-sponsored healthcare coverage under a cafeteria plan and purchase…
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Daily trading of foreign currencies is estimated to be about $5 trillion—a staggering figure, no doubt, but the sheer volume of the foreign currency market coupled with other factors such as weakened international regulation, the misapplication of translation standards, and the introduction of virtual currencies (bitcoin) has given rise to an environment where hedging, speculation, and fraud are prevalent, states Kurt Ramin, CPA, in “The Impact of Fraud in Fluctuating Currencies” in the September 3 edition of AICPA’s FVS News. For companies with overseas operations where currency exchange rates affect everything from the value of foreign assets to market…
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Valuation of the Customer Base The value of the customer base is a function of attribution. Measuring percentage attribution requires access to internal data, and this data is often missing. Where it is available, the valuation professional can use the Constant Revenue or Revenue Decline Model. This article explains how these models are developed.
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Executive managers of companies and not-for-profit organizations must make more uniform disclosures if there is significant doubt about a company’s ability survive, according to new standards released by the Financial Accounting Standards Board August 27, 2014. Under Accounting Standards Update No. 2014-15, Presentation of Financial Statements—Going Concern (Subtopic 205-40): Disclosure of Uncertainties About an Entity’s Ability to Continue as a Going Concern, management is required to evaluate at each annual and interim reporting period whether it’s probable that the company will not be able to meet its obligations as they become due within one year after the date financial…
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Predicting Cyber Security Breaches Cyber security breaches often result in the improper transfer of personal identifying information or sensitive financial and health information. This article focuses on the identification of potential cyber security breaches and how courts are addressing the presentation of such cases, including the issue of damages. Read Identifying and Calculating Recoverable Damages in Cyber Security Breaches—Part 1
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Predicting cyber security breaches Cyber security breaches often result in the improper transfer of personal identifying information or sensitive financial and health information. This article focuses on the identification of potential cyber security breaches and how courts are addressing the presentation of such cases, including the issue of damages.
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Problems and solutions The Guideline Transaction Method (GTM) remains a viable option for valuing businesses; the question is whether it is being properly applied. In this article, Eric Barr proposes that despite the recent negative press, the GTM can provide valuable insight.
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Two CPAs in Washington D.C. have filed a class action lawsuit against the IRS for requiring a yearly registration and related fee in order to maintain a preparer tax identification number (PTIN). The suit, which involves 700,000 practitioners, seeks to recover $150 million in fees that the IRS has collected since the regulation passed in 2010. Four years ago, the IRS put the new rule into effect as a way to dramatically expand its oversight of CPAs, attorneys and other tax preparers who prepare tax returns for financial compensation. The plaintiffs have high hopes for a favorable ruling, as…
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Because the economic recovery we’ve all been told is happening never really arrived, dollar stores across the United States are doing big business these days. Because of that, there’s a huge takeover battle going on between the nation’s three largest dollar store retailers. Apparently, there’s billions to be made, one dollar at a time. Family Dollar Stores (FDS) originally rebuffed an unsolicited $9.1 billion offer from its larger competitor, Dollar General Corp. (DGC), citing anti-trust risks. Ironically, it already had a deal to sell to Dollar Tree Inc. (DTI) for $8.5 billion. DGC is now taking hostile action in its…
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Method for dissenting shareholder appraisal actions The consideration of the subject company’s industry (the subject industry) when applying the Income Approach—Discounted Cash Flow Method—is an important issue for the valuation analyst, specifically as it relates to shareholder appraisal rights actions. The Delaware Chancery Court regularly provides guidance as to the proper consideration of the subject industry when applying the Discounted Cash Flow Method within a dissenting shareholder appraisal rights action. This discussion highlights several recent Delaware Chancery Court decisions, and it provides insights into the analyst’s role in properly addressing the subject industry when applying the Income Approach within a…
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This past summer, the firm of Pluris Valuation Advisors LLC released a detailed white paper on the valuation of life insurance. According to the authors, when valuing life insurance or life insurance-linked instruments such as split-dollar collateral assignment receivables or split-dollar promissory notes, there are only three elements of Fair Market Value. These include: Illustrations from the insurance company projecting expenses, premiums and cash values The mortality rates applicable to the insured life as of the valuation date The discount rates applicable to the cash flows from the policy as of any given year. The full report, Life Insurance: Mortality…
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Opinions are like viewpoints; everyone has one Opinions are often provided in connection with calculation values and a conclusion of value. SSVS No. 1 does not prohibit or explicitly endorse either. In this article, Jim Hitchner shares his views on whether the term “opinion”―offered in a litigation or non-litigation engagement—should be used as part of the engagement or offered in connection with a calculated value.
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Reminder to NACVA members of new opportunity This article calls attention to the fact that NACVA members and other business valuation practitioners once again have the opportunity to take advantage of the many additional benefits of belonging to the Institute of Business Appraisers (IBA), an affiliate of NACVA.
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In the early days of the scandal surrounding LA Clippers owner, Donald Sterling, certain terms of his punishment by the NBA were a given. What no one was sure of was whether or not he would be forced to sell the team. As speculation turned into fact, it seemed as if valuation estimates for the team were coming out of the woodwork. Some said the team price tag could go as high as $1 billion. Earlier in the year, Forbes set an estimate at $575 million. Incredibly, the team was sold to former Microsoft CEO, Steve Ballmer, for $2…
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Netflix is the latest company to join a petition asking the Federal Communications Commission (FCC) to deny the pending $45 billion Comcast / Time Warner merger. In a 256-page report, Netflix details how the merger will give the new entity too much control over the internet, and that this new power will enable it to stifle online video distributors that it sees as competition. Comcast continues to argue that because it does not overlap geographically with Time Warner, there are no major anti-trust concerns. Netflix was quick to point out that in 2000, the FCC required AT&T and MediaOne…
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Analyze early and avoid earnings surprises The purchase price allocation (PPA) process is often treated as an afterthought in mergers and acquisitions (M&A). Thinking about PPA can help guide a deal to a more predictable conclusion. In the most rewarding deals, a prompt PPA process helps acquirers analyze, from a financial reporting point of view, the primary drivers or intangible values associated with the transactions.
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The impact on shareholder value Knowing the value of a business and delivering real value to a client company entails far more than using EBITDA multiples or going along with a rule of thumb to keep the peace. As professionals, valuators must be far more rigorous in their engagements, and focus on delivering value. The obligation to identify, measure, manage, and mitigate the risks are their responsibility. In this candid analysis, Dr. Carl Sheeler shares some insights, based on his 1,000+ engagements, where he has found problems that led to disputes, misalignment of expectations, and company-specific risks that impair value…
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Among many legal challenges to the validity of the Affordable Care Act (ACA), is Halbig vs. Burwell. The challenge concerns a passage in the statute, when literally read as worded, makes federal tax credits for insurance programs available only to those enrollees in states that have created a state-designed and operated healthcare exchange. Read as it currently exists, the statute does not allow for such tax credits in states that did not set up their own exchanges, but instead chose to allow residents to purchase insurance through a system created by the federal government. This distinction was part of…