• Practice Management - QuickPress

    IRS Resists Negotiation on Penalties—Appraiser News Online, Bloomberg BNA

    If IRS Imposes a Penalty, That Penalty Cannot be Negotiated as Part of a Settlement on Another Tax Matter  The Internal Revenue Service is opposed to negotiating penalties with noncompliant taxpayers, a stance that should benefit appraisers and tax advisors because individuals will be required to assume more responsibility for their deductions, Bloomberg BNA (subscription required) reported this month.   Appraisers News Online offers details at its site: 

  • Practice Management - QuickPress

    SBA Loans Require An Independent Valuation—The Chattanoogan

    Find Out the Specific Requirements a Valuation Needs to Include to Pass Muster with the SBA Matt Stelzman explains in The Chattanoogan that the Small Business Administration (SBA) has loans available that can help small businesses make it to profitability, self-sufficient revenue, or at least the next round of funding  —  but in every case these loans require independent valuations.   Here’s more: 

  • QuickPress - Valuation/Appraisal

    AICPA Supports Bill to Exempt Valuation Specialists from Fiduciary Status—CPA Practice Advisor

    Requiring Valuation Analysts to Have Specialized Trainingk Credentials, and to Adhere to Professional Standards Will Protect ESOP Participants and Beneficiaries   CPA Practice Advisor reports that the President and CEO of the American Institute of CPAs (AICPA), Barry C. Melancon, CPA, CGMA, has publicly announced his organization’s support for a new bill in the House of Representatives.  H.R. 2041 would modify the definition of fiduciary under the Employee Retirement Income Security Act of 1974 to exclude appraisers of employee stock ownership plans. Here’s more: 

  • Healthcare - QuickPress

    Is There Actually Increased Value in Ambulatory Surgery Centers (ASCs) that Have Certificate of Need (CON) Protection?—ASC Review

    ASCs That Have CON Protection Have Higher Value—But Less Longevity.   Todd Mello, Partner and Co-founder of HealthCare Appraisers, and Nicholas Newsad, Senior Associate at HealthCare Appraisers, opine in ASC Review that many ambulatory surgical center operators perceive increased economic value for those centers with certificate of need protection, multiple practice specialties, and the participation of orthopedic surgeons. While these factors may indicate relatively higher economic value, they do not necessarily correlate with business longevity.  Here’s more: 

  • Case Law - QuickPress

    U.S. Patent Law Just Changed. Here’s What You Need to Know—RocketLawyer, Forbes, CNN Money

    U.S. Patent Law Changes from “First to Invent” to “First to File” Standard.  Plus:  New Discount on Filing Fees for Small Businesses and Inventors   This spring, patent law in the United States moved from a first-to-invent to a first-to-file system. The new law—called the America Invents Act (AIA)—puts the U.S. in harmony with most patent systems around the world, but it’s also a big change for inventors and other patent holders. You may have heard about the law before:  It passed last fall.  But it only went into effect in March.   Here’s RocketLawyer on the new set of…

  • QuickPress - Valuation/Appraisal

    Davids versus Goliaths: A Closer Look at Valuation Distortions—Economic Times (India)

    A Disparity in Valuation Prices Between Companies Large and Small in Similar Industries Adds to Investment Challenges   Jwalit Vyas at The Economic Times (India) illustrates how a wide disparity in valuation between companies large and small offers an additional challenge for business owners, investors, and financial consultants.  Here’s more: 

  • Practice Management - QuickPress

    Hedge Fund Valuations Under Scrutiny—Risk.net

    US Securities and Exchange Commission (SEC) is Aggressively Policing Fund Valuation Practices in the Hedge Fund Industry     Kris Devasabai at Risk.net reports that hedge funds, under pressure from regulators and investors, are establishing robust pricing policies for hard-to-value assets.  They are also hiring independent experts to price complex and illiquid assets as investors and regulators intensify their scrutiny of valuation practices.     Here’s more: 

  • QuickPress - Valuation/Appraisal

    High Valuations May Be Bad for Your Business…And Your Ulcer—PE Hub

    An Overly High Valuation Can Scare Away Investors or Spark a Down Round that Dilutes an Earlier Angel Investment      Mark Boslet at PE Hub explains that with IPOs on track to have their biggest year since 2010 and some major technology disruptions sparking infectious excitement, it’s important to keep in mind key fundamentals including not accepting too high a valuation for your business or investment properties.   Here’s why: 

  • QuickPress - Valuation/Appraisal

    IPA Board of Directors Approves First Industry-Wide Valuation Guideline for Non-Listed REITs—Wall Street Journal

    Industry Moves to Enhance Transparency of Investments Holding More Than $93 Billion in Assets  The Investment Program Association (IPA), a trade association for non-listed, direct-investment vehicles, announced recently the adoption of the IPA Practice Guideline for the valuation of publicly registered, non-listed real estate investment trusts, The Wall Street Journal reported.   Here’s more from a Globe Newswire report the article cites:  

  • QuickPress - Valuation/Appraisal

    A Growing Need for Specialty Practices Combining Real Estate and Business Appraisal —New England Real Estate Journal

    Understanding Both Sorts of Appraisal is Critical to Valuing Minority, Partial Interests in Holding Entities that Own Real Estate and Other Assets that are Gifted, Sold, or Otherwise Transferred   Randolph Glennon, MAI, CRE, MBA, and president of Eastern Appraisal & Consulting in Portland, Maine, explains in the New England Real Estate Journal why there’s growing need for appraisers who understand both real estate appraisal and business appraisal.   An excerpt:   

  • Mergers and Acquisitions/Exit Planning - QuickPress

    How to Make Employee Ownership Work for Your Business —Management Today

    The Thought of Every Employee Working Together with a Shared Vision of Business Success is a Dream Situation for Companies.  Here’s How to Make it Happen.  Gary Davie Friday at Management Today weighs in on how in 2012 the U.K. government (Management Today is UK-based) announced its support for employee ownership, recognizing its ability to promote long-term thinking and growth.  Since then, a number of legal changes and possible tax incentives have been announced, he writes, and  “they seem to be doing the trick”:  At last count, the number of employee-owned businesses in the UK is increasing by 10% year on year,…

  • Practice Management - QuickPress - QuickRead Featured

    Five Routes to More Innovative Problem Solving—McKinsey Quarterly

    Tricky Problems Must be Shaped Before they Can be Solved.  To Start That Process, and Stimulate Novel Thinking, Leaders Should Look Through Multiple Lenses  In the April 2013 edition of McKinsey Quarterly, Olivier Leclerc and Mihnea Moldoveanu outline an approach for taking a number of different approaches simultaneously to solving difficult problems. These involve flexible approaches using team expertise.  Find out what “flexons” are, and how they offer a uniquely helpful approach to problem solving in today’s organizations. 

  • QuickPress - Valuation/Appraisal

    FHFA to Congress: Scale Back Support of Mortgage Market—Appraiser News Online

    Congress Needs to Reduce, if Not Eliminate, Support of the Mortgage Market in Order to Encourage Private Capital to Enter the Market, Says Agency Head Federal Housing Finance Agency (FHFA) Acting Director Edward J. DeMarco said that Congress needs to take action to significantly reduce, if not eliminate, the government’s continued support of the mortgage market and make it more palatable for private capital to enter the market, Reuters reported March 19, and Appraiser News Online highlighted this week.   DeMarco made his comments March 19 before the House Financial Services Committee.   The Appraisers News Online explains:  

  • Financial Forensics - QuickPress

    How to Calculate Damages that Can Withstand a Challenge—Fraud Files

    How Can You Defend “Reasonable Certainty”?  Here are Some Tips One of the common issues raised when an expert calculates damages is “reasonable certainty.”  It is not uncommon for opposing counsel to suggest that the expert’s calculated damages are speculative, explain the editors at the Fraud Files blog.   The calculation of damages necessarily requires estimates and assumptions.  Something has happened, and a company or individual is claiming that there are lost profits because of it.  We can never know with complete certainty what revenue or profits would have been if that incident or action had not taken place.  Mathematical precision…

  • Practice Management - QuickPress

    FASB Extends Comment Deadline on Proposal for Accounting for Credit Losses—Accounting Web, PwC, KPMG, More

    Key Concern is that FASB and IASB Continue Work Towards Common Standard Frank Byrt at Accounting Web reports that The Financial Accounting Standards Board (FASB) voted March 28 to extend the comment deadline for its proposal to improve financial reporting on expected credit losses on loans and other financial assets held by banks, financial institutions, and other public and private organizations, as FASB and the International Accounting Standards Board (IASB) continue to work toward a common standard.   The new comment deadline on Proposed Accounting Standards Update, Financial Instruments – Credit Losses (Subtopic 825-15) is May 31, 2013.

  • QuickPress - Valuation/Appraisal

    Caveat Emptor: Business Valuation in a 21st-Century Economy—VentureCapital.org

    Past Performance is No Longer a Viable Valuation Tactic: Learn to Anticipate Future Prospects with Data Mining, Proprietary Benchmark Techniques, and a Close Look at Both Cash Flow and Capital Expenditures.    Caleb Slabbert, writing at VentureCapital.org, which bills itself as a non-profit organization that has been “a premier resource for both entrepreneurs seeking funding and for investors who want to help promising young companies achieve their potential,”  asserted this week (3/26/13) that past performance of a company is no longer a viable valuation tactic.   What matters?   Newer techniques that many firms aren’t taking advantage of:  

  • Financial Forensics - QuickPress

    Forensic Accountants Need to Know Private-Investigator Laws—Journal of Accountancy

    Many States Require CPAs Practicing Forensic Accounting to Now be Licensed as Private Investigators.  The AICPA Provides an Online Guide. Jeff Drew at the Journal of Accountancy reports that the AICPA has made available to members an online guide detailing which states and cities require CPAs practicing forensic accounting to be licensed as a private investigator.  Here’s more detail:

  • Case Law - QuickPress

    Tax Court Settles Art Valuation Case—Accounting Today

    Estate of Elkins Included Works by Picasso, Jackson Pollock, Henry Moore, Paul Cezanne, and Jasper Johns Roger Russell at Accounting Today reports that in the case, Estate of Elkins, 140 TC No. 5, the court applied Section 2703(a)(2) of the Tax Code in valuing the art, which included works by Picasso, Jackson Pollock, Henry Moore, Paul Cezanne, and Jasper Johns.  Section 2703(a)(2) of the Tax Code provides that the value of any property should be determined without regard to any restriction on the right to sell or use the property.  The IRS Commissioner claimed an estate tax deficiency in excess of $9…