June 2017 | Issue 86 Background Constellis Group, Inc. is a private security firm. In December 2013, the Company formed an Employee Stock Ownership Plan (“ESOP”), which purchased 100% of Constellis’s voting stock. Wilmington Trust NA was named Trustee of the ESOP. Less than a year after the ESOP was created, the ESOP sold all […]
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March 2017 | Issue 85 Introduction Richard and Steven Parker are brothers who ran a flower business in Scotch Plains, New Jersey. Richard is the President of Parker Interior Plantscapes (“PIP”), which installs and services plants and flowers in commercial settings. Steven is the President of Parker Wholesale Florists (“PWF”), which is a garden center. […]
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February 2017 | Issue 84 Introduction A Delaware Chancery appraisal case involving computer company Dell Inc. gave rise to a multitude of valuation measurements. It is instructive to see how the court sorted through them in coming up with its final appraisal conclusion. The case is In re Appraisal of Dell Inc., 2016 Del. Ch. LEXIS […]
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Lack of Business Appraisal Is One Indicator That Note Transaction Was Not Bona
Valuation Discount Issue Not Reached Due to Problems With FLP Formation
Buy-Sell Agreements Less Effective in Value Reduction When Decedent Retains Controls
Tax Court Sets FLP Discounts for Lack of Marketability and Minority Interest
Land and Timber Summation Rejected by Court
Massachusetts Considers GRATs in the Wake of Strangi
Present Value Rather Than Full Value of Built-In Capital Gains Used To Compute Value of Minority Interest
New Strangi Decision Further Clarifies Bona Fide Exception
Fully Documented and Supported Appraisal Reports Significant to Recovery of Costs and Fees
Probative Value of Pre-Valuation Date and Post-Valuation Date Transactions Determined
Restrictive Non-Price Terms in Buy-Sell Agreement Adequately Accounted for in General Marketability Discount
Federal Court Raises Bar for Expert Valuation Testimony
Tax Court “Digs Deeper” in Determining Valuation Discounts in a Family Limited Partnership
A Contemporaneous Appraisal Can Help Defuse “Cheap Stock” Issues on IPOs
Some Tips on Making FAS 142 Work
Happenings at Hempstead & Co.
Recent Tax Court Decisions May Result in Higher Tax Bills for Some S Corporation Shareholders
Valuation Issues Play a Critical Role In S Corporation Conversions
Appraisal Issues Task Force Broadens Mandate to Include Stock Option Valuation Issues
Happenings at Hempstead
Reducing Fiduciary Liabilities
Transfer Pricing Studies –Critical in Supporting Royalties
Superior Court Denies Valuation in Martial Dissolution
The Hempstead Bulletin, October 10, 2002