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Best Practices for Reasonableness of Employee Compensation Analysis

(Part I of III) This article about excess compensation is comprised of three-parts. Part one summarizes the facts regarding Clary Hood, Inc. v. Commissioner and the U.S. Tax Court’s holding. Part two of this series describes the Tax Court’s analysis and conclusions regarding the reasonableness of compensation issues. Part three describes the Tax Court’s analysis and conclusions regarding Section 6662 penalt ...

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Employment Newsflash

FTC Proposes Rule to Ban Non-Competes On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would functionally serve as a complete ban on non-compete clauses and contractual provisions or employment policies that have a similar effect with limited exception. The 60-day comment period runs through March 7, 2023. On January 5, 2023, the Federal ...

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Lawyers, Judges, and Experts

Their Changing Roles and Responsibilities The Frye and Daubert decisions shook the legal world and the standards enunciated also shook the valuation world. In this article, the author shares some recent Maryland developments and surmises that there may be more changes coming that will affect the role of lawyers, judges and experts. In my 30 years as a Judge on three different Maryland Trial Courts and the l ...

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Is BIPA Liability Lurking on that Company’s Balance Sheet?

An Additional Consideration for Business Valuation and Forensic Accountants When Valuing a Company The Biometric Information Privacy Act (BIPA), 740 Ill. Comp. Stat. 14/1 et seq., is not just for Google and Facebook. While the technology giants have been sued for allegedly violating BIPA, so too have countless other companies. In the last few years, plaintiffs have sued hundreds, if not thousands, of compan ...

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What is in the Purchase Price?

It is all Based on Your Perspective The purchase price of a transaction can look vastly different. Therefore, when considering the prices of various transactions, it is important to know how those prices have been calculated so that one has a consistent perspective and is not comparing apples to oranges This article illustrates the various perspectives that may emerge in connection with a purchase price. Wi ...

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New Detailed Cost of Capital Case Study: Step-by-Step Comparison of the Kroll Cost of Capital Navigator, BVR Cost of Capital Pro, Damodaran Data, and Surveys

VPS StraightTalk Webinar, October 20, 2022 This summer and fall 2022, within the business valuation profession, one of the most contentious issues has been “which cost of capital should business valuation professionals use when valuing a small business?” First, Dr. Damodaran advocated the implied equity risk premium with the capital asset pricing model without adding a size premium or company specific risk. ...

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Finding Hidden Assets

Where to Start? In forensic accounting, whether litigation is contemplated or not, the key to the most reliable conclusion is starting with accurate and complete information. Under the best of circumstances, the primary source of this information is your client. On the other hand, when the person or entity you are requesting from is an adversary, there is little incentive for cooperation. Regardless of the ...

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Will Social Media Marketing Work for You?

Answer These Five Questions How do you know if social networking will work for you? If you are using social media and not getting results, are you wasting precious time? If you are not using social media, are you missing out on a gaping opportunity? The author of this article has invested about 16 years on LinkedIn and about five years on YouTube. Based on what he has done and the results he has achieved in ...

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The Continuing Saga of Amber Heard and Johnny Depp

Is Bankruptcy the Next Stop and is a “Fresh Start” Available for Amber Heard? The well-publicized defamation case of Johnny Depp and Amber Heard resulted in a substantial judgment against Heard. Setting off the amount awarded to Depp, Heard will be liable for approximately $8 million in compensatory and punitive damages. If Heard files for relief under bankruptcy law, is that judgment dischargeable? What ca ...

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A Hybrid Approach to Determining Company-Specific Risk

Using Weights and Factors to Quantify Risk This is a condensation of the author’s article, originally published in The Value Examiner, July/August 2022. The author proposes an alternative way of calculating the company specific risk premium. This is a condensation of my article originally published in The Value Examiner, July/August 2022. Most of us who value businesses are not valuing businesses in the mid ...

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