Litigation Support

Claims and disputes involving business and asset valuations have been on the rise in recent years. To prevail in this type of litigation requires not only top-quality valuation analysis–which is one of Appraisal Economics’ core competencies–but also the skill and expertise that can only be acquired through actual experience testifying as an expert witness in high-pressure venues.

Our principals and key personnel have that litigation support experience. Appraisal Economics has provided clients with expert witness testimony in some of the largest cases involving business and asset valuation issues that have come before the U.S. Tax Court in recent years. Among the cases in which we have provided those services are Nestle Holdings Inc. v. Commissioner, United Parcel Service of America v. Commissioner, and DHL Corp. v. Commissioner.

A BROAD RANGE OF EXPERIENCE…

Members of our professional staff have been accepted as expert witnesses before a wide variety of legal and dispute-resolution tribunals. These include the U.S. Tax Court, the U.S. Department of Justice, U.S. District Courts, the Federal Communications Commission (FCC), Bankruptcy Courts, Tax Appeals Courts in many states, and the American Arbitration Association. Members of our staff have passed the IRS background investigation and have been approved for staff-like access.

…IN A BROAD RANGE OF ISSUES

Appraisal Economics has provided crucial expert witness testimony in many different types of litigation and business valuation disputes. Among them are:

Federal Tax Cases
Our expert witness testimony has played a role in many cases dealing with inter-company transfer pricing, purchase price allocation, gift and estate taxes, company reorganizations, and recapitalizations.

Bankruptcy Cases
Analysis to determine whether a company represents greater value as a going concern or through liquidation of its assets is often the critical factor deciding its termination or continued existence. Appraisal Economics is frequently called upon to conduct such analyses.

Infringement/Breach of Contract Cases
Our experts have provided analysis to determine present value of lost income and incremental market value of property in many infringement and breach of contract cases. Such analysis is most often the key issue in determining damages in these cases.

Dissenting Shareholder Cases
Stock value can only be allocated to individual shares based on the overall value of the underlying business enterprise. Our expertise in providing that type of stock valuation and analysis has often been tapped to determine the fair value of shares for dissenting shareholders.

Condemnation and Eminent Domain Cases
In recent years, many local governments have adopted a much broader definition of what constitutes the “public good” required to justify a “taking” of private property under the eminent domain concept. Property owners subject to such takings are entitled by law to fair compensation–something that often is not reflected in the government agency’s initial offer. Appraisal Economics’ experts specialize in determining appropriate compensation amounts in these cases by conducting a detailed analysis of the property that includes the cash flow of any business operating on it.

Insurance Cases
The most valuable asset a business can have on hand in cases where it is required to file an insurance claim is a thorough inventory and appraisal that documents the existence, location and condition of the property involved. Aside from its obvious value in settlement negotiations and/or litigation, such an inventory and appraisal is also useful in helping companies determine whether they have the proper amount of insurance coverage in place.

Ad Valorem Cases
Appraisal Economics’ skill and experience in litigation support, including property taxation cases, have proved valuable to many of our clients. Our reports in this area have been used successfully to establish initial assessments, contest faulty assessments, and as a basis for expert testimony. We can provide these appraisals for both real and personal property.

Learn more about the variety of services that Appraisal Economics has to offer from equipment appraisals that provide an accurate representation of what your equipment and machinery is worth, to solvency and fairness opinions that provide independent objective analyses of a proposed deal’s financial aspects. Contact us today for more information on our litigation support for business valuations.