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Valuation Appeals

Walkers

Privy Council clarifies secured party’s duty when realising security

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The Privy Council has clarified that the duty of care to "obtain the best price reasonably obtainable" in the sale of secured collateral does not require a secured party to improve an asset before sale to obtain the best...more

Harris Beach Murtha PLLC

Deadline for CT Real Property Tax Assessment Appeals is Feb. 20

Property owners who wish to challenge their tax assessment believing that their property is overvalued on the Oct. 1, 2024, Grand List only have a couple of weeks left to file a written appeal with the Board of Assessment...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Renewable Energy/Investment Tax Credit: Arizona Court of Appeals Addresses Valuation Issue

Co-author: Christian Parker The Court of Appeals in Arizona (“Court”) in a May 14th Opinion addressed a tax issue involving renewable energy requirements. See Agua Caliente Solar, LLC v. Arizona Dept. of Revenue. No....more

Pierce Atwood LLP

Maine Court Clarifies Jurisdiction in Certain Property Tax Appeals and Addresses Maine Revenue Services’ Duty to Taxpayers When...

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In a unanimous opinion, Maine Law Court relied on the plain language of 36 M.R.S. § 844 to hold that, in a municipality without a board of assessment review (BAR), a taxpayer whose nonresidential property is valued at $1...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Value of Stock Included Life Insurance Proceeds Intended for Redemption of Stock

The Eighth Circuit Court of Appeals recently affirmed the decision in Connelly vs. United States, holding that the fair market value of stock in a closely-held corporation, for purposes of valuing that stock held by a...more

Conyers

Trina Solar: A Warning Regarding Reliance on Merger Price and Deficient Disclosure in s238 Proceedings

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The successful appeal by dissenting shareholders in Trina Solar provides key insights into the importance of establishing a robust merger process, the company’s burden to make all relevant information available in appraisal...more

Kohrman Jackson & Krantz LLP

Working with Appraisers in Property Tax Assessment Appeals

Recent turbulence in various market sectors is creating the need to sharpen analyses and understandings of property tax assessment valuations. In evaluating the need for real property tax assessment appeals, it is critical to...more

BCLP

Business Rates win for retailers in UK Supreme Court

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The UK Supreme Court has given judgment on the rateability of the sites of ATMs hosted by retail outlets. It has ruled that ATMs operated by a company other than the store operator should be assessed as part of the host...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

White and Williams LLP

Ohio Court Measures the Damage to a Computer Network by Its Value to the Owner, Not Its Fair Market Value

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In Westfield Insurance Group v. Silco Fire & Security, 2019 Ohio App. LEXIS 2810, the Court of Appeals of Ohio, Fifth Appellate District addressed whether the trial court properly instructed the jury that the applicable...more

Bracewell LLP

Texas Supreme Court Expands Upon the Rights of Oil and Gas Producers to Deduct Post-Production Costs in Burlington Resources Oil &...

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To the relief of oil and gas producers, the Texas Supreme Court ruled on March 1, 2019, in Burlington Resources Oil & Gas Company, L.P. v. Texas Crude Energy, LLC (No. 17-0266), that post-production costs were rightfully...more

Jones Day

Jones Day Presents: Strategies for Dealing with the IRS: Alternative Dispute Resolution

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This video is the third in a four-part series on Jones Day's approach to dealing with the IRS. In it, partner Chuck Hodges discusses stage three - the IRS post-appeal mediation process, in which the taxpayer and appeals...more

Winstead PC

Court Addresses A Beneficiary’s Right To Bring Claims Belonging To A Trust

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In American Bank, N.A. v. Moorehead Oil & Gas, Inc., plaintiffs (trustees and beneficiaries) filed suit to determine the value of ownership interests in corporate stock under section 10.361 of the Texas Business Organizations...more

Spilman Thomas & Battle, PLLC

Spilman Alert - Breaking Insights: Important West Virginia Supreme Court of Appeals Decision Affirms Law on Taxation and Leasehold...

The Supreme Court of Appeals of West Virginia's recent decision in Musick v. University Park at Evansdale marks an important affirmation of West Virginia law on taxation of leasehold interests. It has important and positive...more

Ward and Smith, P.A.

North Carolina Supreme Court Adopts "Substantial Competent Evidence" Requirement for Borrowers Asserting "True Value" Defense in...

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On Friday, May 5, 2017, in a major victory for lenders, the North Carolina Supreme Court reversed the North Carolina Court of Appeals’s decision in United Community Bank v. Wolfe. In July 2015, the Court of Appeals decided in...more

Nossaman LLP

Have We Seen the Last Dance for Quantitative Before Condition Goodwill Valuations?

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When a business is taken as a result of a public improvement, the business is entitled to seek compensation for, among other things, loss of business goodwill. Typically, this loss is calculated by measuring the business’...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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It’s been far from a smooth ride for Uber over the past few weeks. And Friday’s revelation that the ride-sharing company’s been using a tool called “Greyball” to mine and use app data to “deceive the authorities in markets...more

Farrell Fritz, P.C.

Court of Appeals to Decide Controversial Partnership Dissolution Case

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In a controversial ruling last year in Congel v Malfitano, the Appellate Division, Second Department, affirmed and modified in part a post-trial judgment against a former 3.08% partner in a general partnership that owns an...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions: Released after 11:30 a.m. AC36320 - Valencis v. Nyberg - This decision upheld the granting of a PJR for ~ $1.5 million in favor of the plaintiff property owner when the...more

Haight Brown & Bonesteel LLP

Appraisers’ Failure to Perform Assessment of Property’s Existence or Damage is Reversible Error

In Lee v. California Capital Insurance Co. (No. A136280; filed 6/18/15), a California Court of Appeal held that it was error for an appraisal panel to assign loss values to items simply because they were listed in the...more

Bond Schoeneck & King PLLC

How Low Can You Go? Here’s A Clue: RPTL 720(1)

As The Desmond Hotel & Conference Center was gearing up for it’s New Year’s Eve celebration, on December 31, 2014, the Appellate Division (Third Department) handed down a decision in Village Square of Penna, Inc. v Board of...more

Nossaman LLP

Court Provides Guidelines on Valuing Natural Resources in Eminent Domain Proceedings

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Valuing mineral rights in eminent domain proceedings is inherently speculative and can lead to wide swings in property valuations. So how do appraisers best deal with the uncertainty involved in mineral exploitation? The...more

BakerHostetler

Colorado Court Leaves Valuation Question Unanswered When Valuing GRAT Appreciation

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On March 20, 2014, the Colorado Court of Appeals, in Malias v. Malias, upheld the trial court’s determination that grantor retained annuity trust (GRAT) remainder interests were “property interests” for property division...more

Williams Mullen

Reliance on Professional Advice Avoids Valuation Penalty

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In Whitehouse Hotel Ltd Partnership v. Commissioner, No. 13-60131 (6/11/2014), the Fifth Circuit Court of Appeals vacated the Tax Court’s enforcement of a gross undervaluation penalty imposed on a taxpayer claiming a...more

Bradley Arant Boult Cummings LLP

Assessment Appeals Commission Holds that Personal Property is Valued at Capitalized Cost

The Assessment Appeals Commission (“AAC”) of the Tennessee State Board of Equalization has reversed a 2011 administrative law judge decision, holding that intangible costs (such as freight, installation, engineering costs and...more

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