Category: Valuation

When Litigation Proceeds Are Taxable

Economic damages should return a plaintiff to the position they would have been in “but for” the underlying improper act[s] by the defendant.  They should not provide a windfall to plaintiff.  In a similar vein, whether such damages are taxable is generally related to how the proceeds would have been treated if obtained in the …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2019/01/when-litigation-proceeds-are-taxable/

Virtual Reality Will Change the Way Juries View Evidence

A recent article available at www.digitaltrends.com describes how virtual reality may soon allow jurors to explore crime scenes as they actually appeared.  In the article, Dr. Mehzeb Chowdhury, a researcher in forensic science and criminal investigations at Durham University in the U.K.m describes his MABMAT robotic imaging system as capable of capturing every detail of an …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2016/09/virtual-reality-will-change-the-way-juries-view-evidence/

Expert Can Still Testify, Despite Opinions Being Thrown Out

A recent case illustrated how expert testimony may still be appropriate even when all of the expert’s actual opinions are deemed inadmissible.  In Ross v. Rothstein (March 12, 2015), the Court concluded that an expert’s testimony still offered information helpful to the Court with regard to underlying facts that supported his improper (legal) opinions.  The Court cited …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2015/06/expert-can-still-testify-despite-opinions-being-thrown-out/

Court Requires Expert Witness to Have a Body and a Brain

A recent case addressed the interesting question of whether a corporation could serve as an expert witness.  The matter involved a breach of fiduciary duty case coordinated with an appraisal proceeding, in re Dole Food Company (“Dole”).  The defendants designated Stifel, Nicolaus & Company, Incorporated (“Stifel”), a corporation, to serve as their expert witness regarding …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2015/05/court-requires-expert-witness-to-have-a-body-and-a-brain/

Investors Allegedly Defrauded by ITT Technical Institute Executives

On Tuesday May 12, 2015 the Securities and Exchange Commission (“SEC”) charged the CEO and CFO of ITT Educational Services Inc. (NYSE: ESI) with fraud.  The company which runs a popular nationwide chain of for-profit technical colleges under the name ITT Technical Institute (“ITT Tech”) allegedly defrauded investors by materially misstating the financial performance of …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2015/05/investors-allegedly-defrauded-by-itt-technical-institute-executives/

The Results Are In For the 2014 AICPA Trends in Forensic and Valuation Services Survey

The American Institute of Certified Public Accountants (“AIPCA”) recently released the findings of its most recent Survey on International Trends in Forensic and Valuation Services (“Survey”). The Survey polled 443 professionals, including 55% who worked in public accounting and/or consulting firms. The remainder were professionals working in business and industry, education, law enforcement, and government. …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2015/04/the-results-are-in-for-the-2014-aicpa-trends-in-forensic-and-valuation-services-survey/

Estate tax penalty occurs because of a lack of a professional appraisal

In Estate of Helen P. Richmond et al. vs. vs. Commissioner T.C. Memo. 2014-26, February 11, 2014, the Tax Court addressed reasonably straightforward estate tax valuation questions in a reasonably predictable manner. The additional tax imposed because of a higher valuation was not particularly surprising to me, and probably not to others who regularly practice …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2014/03/estate-tax-penalty-occurs-because-of-a-lack-of-a-professional-appraisal/

Crossing the Valuation Gap on Private Equity Transactions

Pepperdine University’s recently released Private Capital Markets Project (“PCMP”) reveals some interesting statistics derived from their survey of the current marketplace for privately-held business sales.  One of the key topics is how a failure to come to terms on valuation conclusions often prevents deals from closing.  For instance, investment bankers surveyed report that a valuation …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2014/03/crossing-the-valuation-gap-on-private-equity-transactions/