Articles From Brisbane Consulting Group

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Comprehensive due diligence is an essential part of acquiring a business. But it can be a daunting task — especially for inexperienced buyers.

In a recent divorce case, an Arizona court of appeals vacated a trial court’s ruling regarding the value of a 25% business interest owned by the wife.

On Sunday, May 14, Brisbane Consulting Group and Lumsden McCormick CPAs headquarters at 369 Franklin Street, Buffalo, NY, suffered a fire. Thankfully, no one was in the office at the time and there were no injuries. 

A recent decision from the U.S. Court of Appeals for the Second Circuit provides a useful primer on how to value collateral for bankruptcy purposes.

Under the market approach, the value of a business is derived from comparisons between the subject company and transactions involving similar businesses.

In Sipko v. Koger, Inc., the New Jersey Supreme Court found that a discount for lack of marketability (DLOM) was inappropriate, noting the “defendants’ bad-faith behavior throughout this 15-year litigation.”

Pursuant to a marital termination agreement from 2008, the husband in Redleaf v. Commissioner deducted $51 million in deferred cash payments to his ex-wife. The U.S. Court of Appeals for the Eighth Circuit Court affirmed that the payments weren’t deductible as alimony under the tax law that was in effect at the time the agreement was executed.

Attendees learned from the team of experts as they walked through real-world examples of the entire merger and acquisition process from valuation, buyer research and drafting of the offering materials, negotiation of key deal terms and execution of the definitive agreement, to closing and post-closing activity.

Proposed amendments to the Federal Rules of Evidence (FRE), expected to take effect in late 2023, may affect the admissibility of expert testimony.