A Practice Guide for Practitioners What are the proper questions and approaches that enable valuation professionals to value non-fungible tokens (NFTs)? The author describes the questions and methods used to value NFTs. With the recent IRS proposal, the focus on fair market value is repeated as the preferred method for cryptocurrency transactions that do not involve cash.[1] The IRS redefines fair market value to simply market value for cryptocurrencies traded on an exchange; this limits the applicability to less than 10% of cryptocurrencies and highlights the need for practitioners to understand how to apply fair market value calculations to cryptocurrency.…
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A Legislative Approach? In April of 2023, the United States Department of Labor (DOL) committed to move forward with a regulation to clearly detail “adequate consideration” in section 408(e) of the Employee Retirement Income Security Act of 1974 (ERISA). For decades the DOL has utilized litigation versus heeding Congress’s edict to enact regulations regarding adequate consideration and it seems as though action is going to finally be taken. This article discusses recent developments suggesting a change in their approach. In April of 2023, the United States Department of Labor (DOL) committed to move forward with a regulation to clearly detail…
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How AI is Transforming the Industry Artificial Intelligence (AI) represents a paradigm shift in the realm of computational capabilities, transcending traditional boundaries of machine functionality to emulate human-like intelligence. AI has made remarkable advances in recent years due to the availability of massive amounts of data, powerful computing resources, and innovations in methods and architectures. This article will explore the role and impact of AI in valuation and forensic accounting, addressing the challenges and issues with AI, and ensuring quality control in using AI. Introduction to AI in Business Valuation and Forensic Accounting Artificial Intelligence (AI) represents a paradigm shift…
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Damages Before? Or Damages After? For those that perform lost profits and other commercial damage calculations, you are most likely familiar with the ex-ante versus ex-post approaches and applications when it comes to applying discounts to present value calculated damages. But what about the application of the ex-ante and ex-post theories and approaches to the damages calculations themselves? This article addresses this topic. For those that perform lost profits and other commercial damage calculations, you are most likely familiar with the ex-ante versus ex-post approaches and applications when it comes to applying discounts to present value calculated damages. But what…
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As readers know, the holy grail of a firm’s success is the professional stream and practices that sustain the referral stream. In the author’s view “it does not have to be an endless stream, just a manageable one.” The author shares his views on how to make this happen. As you know, the holy grail of your successful professional practices is a stream of referrals. But it does not have to be an endless stream, just a manageable one. Let us consider how to calculate the number—literally, the number—of referral sources you need to sustain your BV practice. And as…
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Principles, Tasks, and Tools for Success This article is based on the presentation given by Andreas Creutzmann at the NACVA and the CTI’s BVFL Super Conference in Fort Lauderdale, FL, on December 14, 2023, and on his book, Soft Skills for the Professional Services Industry: Principles, Tasks, and Tools for Success, published by Wiley. It aims to present the principles, tasks, and tools that are essential for professionals in the digital world. This article is based on the presentation given by Andreas Creutzmann at the NACVA and the CTI’s BVFL Super Conference in Fort Lauderdale, FL, on December 14, 2023,…
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Factors to Arrive at a Value that are Beyond the Three Approaches This article addresses valuations for buy/sell transactions with private buyers and private sellers. A business owner calls and says: I want to sell my business. Can you tell me what it’s worth? Thousands of these transactions are occurring daily. But before you go any further, stop and ask more questions. As business valuators, we are conditioned to crank out conclusions of value based on a pre-set series of steps like the hitch-hiker’s guide to the galaxy; the meaning of life, the universe, and everything is 42! But what…
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And How the IRS Unravels Contract Law in its Newest Cryptocurrency Proposals This article details the issues with the proposal put forth by the IRS related to cryptocurrency transaction reporting and identifies the actionable bits of information that may be useful to practitioners. This article also covers proposed rules expanded definition of a broker and whom the new regulation will cover along with the what and whys; a second article will cover the how. This article details the issues with the proposal put forth by the IRS related to cryptocurrency transaction reporting and identifies the actionable bits of information that…
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A Process to “Right” the Company Often later-stage, venture-backed companies (“late-stage start-ups”) seek advice as they find themselves languishing in the neverland between being heavy on intellectual property (IP) assets and light on commercial products or services. Typically, we are contacted by an investor or board member who has become fatigued by management’s assertions that ultimate success is ‘just around the corner,’ only to see the company repeatedly fail to achieve important milestones. The board of directors and capital sources have begun to lose confidence in management and want to get R.E.A.L. about the company’s status and prospects. Introduction Often…
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Refreshing Our Vision for Our Work Appraisal is one of the oldest and most universal human habits. Humans have been appraising since the beginning of time. Appraisal is also a uniquely human habit requiring a spectrum of skills and thought processes that are not found in nature or machines. While often impugned for being faulty and having a variety of biases, our ability to “appraise,” assess, form judgments, and complex connections is the essence of the arts and humanities, crafts and trades, sciences, data sciences, and commercial activities. It is one of the foundational attributes of human intelligence. Yet, we…
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People of the State of New York v. Donald J. Trump et al. The recent lengthy court opinion in People of the State of New York v. Donald J. Trump et al., provides a cautionary tale to aspiring damages expert witnesses. In this article, Michael Molder synthesis the factors that persuaded and dissuaded the judge. It is axiomatic in the civil justice system that everyone is entitled to present their case as they see it. In jury trials, we never know how the factfinder weighed the credibility of the witnesses, which is of particular interest to those who act as…
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and Contingency Recommendations This article is authored by two Litigation Forensics Board members who have also created a survey to help practitioners with the process of exit planning. Have you thought about what will happen when you exit your current position or consider selling your practice? Here are some questions to ask yourself: https://www.surveymonkey.com/r/LFBSurvey. Now that awareness has been created, let’s discuss what you need to begin the process. Considerations Cost: depends on what you need and supply yourself. Case file records: all documentation and access to records, computers, etc., and all details so you can continue business to contact…
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Any service can be replicated, leaving only the execution as a true differentiator. And your difference—your winning difference—is the reason people do business with you and not someone else. It sets you apart and makes you the best choice for your ideal client. The author shares three ways to find your winning difference. Any service can be replicated, leaving only the execution as a true differentiator. And your difference—your winning difference—is the reason people do business with you and not someone else. It sets you apart and makes you the best choice for your ideal client. Our leads and prospects…
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The Impact on Payment Rate Updates, Hospital Price Transparency, Rural Hospital Designation, Drug Pricing, and Intensive Outpatient Program On November 2, 2023, the Centers for Medicare & Medicaid Services (CMS) released its finalized Outpatient Prospective Payment System (OPPS) for calendar year (CY) 2024. The finalized payment update increases payments to outpatient facilities and finalizes changes to their hospital price transparency rule, among other provisions. An update to the September 2023 article on the proposed changes to the OPPS, this article discusses the various OPPS changes and updates included in the final rule. On November 2, 2023, the Centers for Medicare…
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Part IV in a Series Addressing Advances in Forensic Accounting and Financial Forensics The increasing amount of data is daunting. Managing and making sense of the vast amount of information is paramount to professionals. In this article, the author shares how he has managed those first impressions and found value using AI and software to understand the information deluge. In the 1990s, the Rubik’s cube craze had died down, but a new one had emerged: The Magic Eye books. People would flip through these books, which seemed to be pages upon pages of nothing but colorful dots, and perhaps see…
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Part III in a Series Addressing Advances in Forensic Accounting and Financial Forensics Those working to manage valuations and investigate fraud are seeing the impact of two trends that emerged in 2023: an increasingly tight labor market and the advancement and adoption of new technologies. The reality is as we enter 2024 and the workforce continues to shrink, the implications of these new technology innovations will only continue to grow. The author shares his views on how the innovation will impact the valuation and forensic professions. Those working to manage valuations and investigate fraud are seeing the impact of two…
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NACVA/CTI BVFLS Conference Presentation Summary This article is a review of a session involving exit planning that was covered in a highly interactive, standing-room-only session from the NACVA/CTI BVFLS Conference in Fort Lauderdale, FL on December 14, 2023. This article is a review of the topics covered in the highly interactive, standing-room-only session from the NACVA/CTI BVFLS Conference in Fort Lauderdale, FL this past December 14, 2023. John Leonetti and Erin O’Leary from the International Exit Planning Association were invited to speak at the December NACVA/CTI BVFLS Conference. The topic of the presentation was ‘From Success Fees to Starting the…
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Who Really Owns the Company!? Have you heard about the Corporate Transparency Act (CTA) Beneficial Ownership Interest Reporting (BOIR) requirements? The penalties for non-compliance are $591(adjusted for inflation) a day up to $10,000 and/or two years in jail. This article outlines the requirements for small private companies and ends with some suggestions for business valuation analysts. Have you heard about the Corporate Transparency Act (CTA) Beneficial Ownership Interest Reporting (BOIR) requirements? The penalties for non-compliance are $591(adjusted for inflation) a day up to $10,000 and/or two years in jail. This article outlines the requirements for small private companies and ends…
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Use in Private-Business Valuation (Part II) This article in this continuing series explains the Implied Private Company Pricing Line (IPCPL), theory, evidence, and application of the IPCPL. How to Understand IPCPL Theory In the first article in this series (published in two parts 02/01/24 and 02/08/24), it was shown that the Implied Private Company Pricing Line (IPCPL) theory explains and predicts the relationship between a capital asset seller’s opportunity cost of capital (OCC) and a buyer’s OCC. That difference is attributable to transaction costs, which is assumed to be a function of the fair market value (FMV) of the capital…
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The Tax Court Says Certified A recent Tax Court opinion brought to light the importance of having an appraiser designation from a professional appraiser organization. While the decision is limited to Tax Court cases, it provides a cautionary tale for all who provide business appraisals in litigious situations. A recent Tax Court opinion brought to light the importance of having an appraiser designation from a professional appraiser organization.[1] While the decision is limited to Tax Court cases, it provides a cautionary tale for all who provide business appraisals in litigious situations. The case involved a charitable contribution of shares in…