Bernier: History, Impact, and Implementation
BVR's Webinar Series
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In the November, 2012 issue of BVUpdate™, expert Marc Bello wrote of the history and implication of Bernier v. Bernier, a now 10-year old divorce case involving the valuation of two S corporations. His analysis concluded "After 10 years of deliberations, imputing income taxes to determine an equitable value of an S corp for divorce in Massachusetts remains unresolved. Although conceptual guidance, including the facts that income taxes need to be paid from S corp profits and S corps do not pay double taxation on dividends, arise throughout the Bernier hearings, the application of these concepts appears to get lost in translation."
In this webinar, Bello joins BVR to discuss the long, winding history of this case, and its legacy with regard to S corp valuation.
- History and background of the case
- Background and facts
- Standard of value
- Premise of value
- Level of value
- Bernier and tax affecting
- How the Massachusetts Supreme Judicial Court ruled
- Incorporating Delaware Open MRI Radiology Associates v. Kessler
- 2012 appeals decision
- Discounts – Love'm or Leave'm
- Discounts and level of value
- Analysis of a key man discount
- Standard of value
- Impact Bernier has had on future decisions
- Palmerino v. Palmerino
- Caveney v. Caveney
- Understand the history of Bernier and what its path through the courts implies for its findings
- Learn how current case law is affecting business valuations relating to divorce
- Understand judicial precedent being set by Bernier
- Evaluate how the findings of Bernier will affect S Corp and other valuation challenges
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