Business valuations are prepared for many purposes, including litigation, estate and gift tax, and the purchase or sale of a business. To properly understand and utilize a valuation, the reader should critically review the report to determine its accuracy and reasonableness.In reviewing a business valuation report, the reader should determine if the report is prepared [...]
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Proposed legislation makes it clear that valuation professionals who appraise employee stock ownership plans (ESOPs) are not fiduciaries under ERISA. A new bill in the House of Representatives (H.R. 2041) joins its companion in the Senate (S. 273) to modify the definition of fiduciary under ERISA to exclude appraisers of ESOPs. These bills come in [...]
In this New Hampshire Court case, the CPA’s attempt to determine a value for a struggling business using a going concern approach was rebuffed O’Rourke v. Burke and Hotchkiss, PLLC, 2013 N.H. Super. LEXIS 4 (March 6, 2013) Citing an authority on the going concern methodology but failing to apply the prescribed principles was only [...]
Based on the June 26, 2013 Supreme Court ruling in United States v. Windsor, the DOL issued Technical Release 2013-04 to provide guidance to employee benefit plans, plan sponsors, plan fiduciaries, and plan participants and beneficiaries on the meaning of “spouse” and “marriage” as these terms appear in the provisions of the Employee Retirement Income [...]