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Articles From Brisbane Consulting Group

Brisbane Consulting Group provides resources to assist you as you plan for your business and personal success.
ESOP Valuations: How Much is Too Much?

ESOP Valuations: How Much is Too Much?

Posted by William P. Allen on October 17, 2022

The U.S. Department of Labor recently suffered a resounding defeat in Walsh v. Bowers.

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Divorce Valuation Hinges on Expert Credibility

Divorce Valuation Hinges on Expert Credibility

Posted by Johnathon Miles on October 03, 2022

A recent Nebraska divorce case illustrates how differences in experts’ assumptions can have a dramatic impact on valuations.

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Kars 4 Kids Inc. v. America Can! Cars for Kids

Kars 4 Kids Inc. v. America Can! Cars for Kids

Posted by Douglas Sosnowski on September 19, 2022

A recent trademark infringement case involving competing not-for-profit organizations addresses several interesting issues regarding plaintiffs’ remedies and the calculation of damages.

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Beware of 3 Common Valuation Pitfalls

Beware of 3 Common Valuation Pitfalls

Posted by Cameron Rosenecker on September 05, 2022

The presence of an error, misstatement or erroneous deviation from customary business valuation practice in an expert’s report is a risky proposition. It could trigger (or worsen) an IRS inquiry or perhaps lead to an embarrassing courtroom mishap. 

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IRS Hot Button: Deductible Management Fees vs. Disguised Distributions

IRS Hot Button: Deductible Management Fees vs. Disguised Distributions

Posted by Douglas Sosnowski on August 22, 2022

The U.S. Tax Court recently ruled that management fees a corporation paid to shareholders over a three-year period weren’t deductible; instead, they represented disguised distributions.

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Know the Company’s Value Before Meeting with Lenders

Know the Company’s Value Before Meeting with Lenders

Posted by William P. Allen on August 08, 2022

An understanding of a company’s value is critical when applying for new loans to grow the business or renegotiating existing terms to be more favorable.

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Harvey v. Harvey - Buy-sell provision Applies to Divorce Valuation

Harvey v. Harvey - Buy-sell provision Applies to Divorce Valuation

Posted by Johnathon Miles on July 25, 2022

The Fifth District Court of Appeals of California recently addressed the valuation of a closely held business in connection with a divorce.

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Delaware Chancery Court Weighs in on Fair Value in Statutory Buyouts

Delaware Chancery Court Weighs in on Fair Value in Statutory Buyouts

Posted by Benjamin Schuver on July 11, 2022

Reliable market indicators often provide the best evidence of a corporation’s fair value in statutory appraisal rights cases.

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Hartman v. BigInch Fabricators & Construction Holding Company, Inc. – Court Allows Valuation Discounts Under Shareholder Agreement

Hartman v. BigInch Fabricators & Construction Holding Company, Inc. – Court Allows Valuation Discounts Under Shareholder Agreement

Posted by Douglas Sosnowski on June 27, 2022

In a minority shareholder buyout case, the Indiana Supreme Court held that the language of a shareholder agreement controlled the application of valuation discounts under its mandatory buyback provision.

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Strategic M&A Due Diligence Should Look to the Future

Strategic M&A Due Diligence Should Look to the Future

Posted by William P. Allen on June 13, 2022

The business world has changed dramatically over the last two years. When buying a business, it’s imperative to evaluate its expected future performance, rather than focus on its historical results.

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