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Appellate Court Directs 16% Marketability Discount in Fair Value Buy-Out of Realty Companies, Affirms Discount for Future Built-In Gains Tax at Present Value
24 Dec 2012, 2:00 am by Peter Mahler
Vitale, a trial court decision last year involving the buy-out of a minority shareholder in two closely held C corporations (read here my post on Giaimo); and Chiu v. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
A River’s Divide: Time for the Manhattan and Brooklyn Appellate Courts to Agree on Marketability Discount in Fair Value Proceedings
18 Dec 2017, 3:43 am by Peter Mahler
In the past, we have applied discounts for lack of marketability (DLOM) to real estate holding companies (Matter of Giaimo v Vitale, 101 AD3d 523, 523-525 [1st Dept 2012], lv denied 21 NY3d 865 [2012]). [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Top Ten Business Divorce Cases of 2012
31 Dec 2012, 2:00 am by Peter Mahler
Giaimo v. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Fair Value Awards: A Matter of Interest
8 May 2023, 4:01 am by Peter Mahler
The relatively small number of reported § 1118 cases in which courts have departed from the 9% statutory rate include Giaimo v Vitale (4%), Matter of Whalen (4%), Matter of Bambu Sales, Inc. (5.75%), and Matter of Fleischer (12%) — none of which explained how the court arrived at the chosen rate. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/