Incompetent valuation Knocks Out jury verdict

The jury’s verdict in an eminent domain trial could not stand because the jury relied solely on the valuation the expert for the Pennsylvania Department of Transportation (PennDOT) did, “which was incompetent.” The expert limited the damages to the partial taking of the property and did not take into account the after-taking damages to the remaining property, a hotel. Further, the trial court erred in denying the condemnee’s motion for a new trial “because the after-taking valuation of the property offered by PennDOT’s expert was not competent or based on evidence in the record.” As a result, the judgment was reversed and remanded for a new trial.

The case is State Route 00700, Section 21H v. Bentleyville Garden Inn, Inc. (In re Condemnation by DOT), 2021 Pa. Commw. LEXIS 562; 2021 WL 4483462, and you can read a case analysis and the full opinion on the BVLaw platform.

Poll: Most business valuers are generalists

During a recent webinar, the audience was asked: Do you specialize within a particular industry? Three-quarters of respondents said that they are generalists and have little or no industry specialization. One in five (20%) said that they do specialize and mainly work in a few (from two to five) industries, and 6% said they mainly work in one industry. The webinar was a free walk-through of the Vertical IQ industry research platform, and 70 audience members responded to the poll.

Strong LEI performance continues, reports BVR’s EOU

In October 2021, the U.S. Leading Economic Index (LEI) rose 0.9%, to 118.3 points, reports the Economic Outlook Update (EOU), published by Business Valuation Resources (BVR). The report notes that, following the rise, the U.S. LEI broke its previous record high reached in September 2021. “The increased pace now suggests that the economy is projected to grow in 2022 and perhaps gain some momentum into the final months of the year,” the report says. The Conference Board now forecasts real GDP growth to reach 5.0% for the fourth quarter of 2021 and 2.6% for the first quarter of 2022. The 52-page Economic Outlook Update for October 2021 contains expansive research from leading authoritative resources, which you can use in your valuation reports as long as you give proper attribution. To learn more, visit bvresources.com/eou.

‘Author’s Notes’ highlight Trugman’s new book

BVWire has been getting a sneak peek at some of the revised chapters in the new, sixth edition of Understanding Business Valuation by Gary Trugman (Trugman Valuation). The book is known for its real-world examples and practical advice based on the author’s many years of experience. One way he does this is through the many “Author’s Notes” that are spread liberally throughout the book. For example, in the chapter on valuation standards, he includes most of the AICPA standard (SSVS 1) and adds his annotations, such as:

Jurisdictional Exception

.10 If any part of this statement differs from published governmental, judicial, or accounting authority, or such authority specifies valuation development procedures or valuation reporting procedures, then the valuation analyst should follow the applicable published authority or stated procedures with respect to that part applicable to the valuation in which the member is engaged. The other parts of this statement continue in full force and effect (Interpretation No. 1 [VS sec. 9100 par. .01-.89]).

AUTHOR’S NOTE: What does this really mean? If someone else makes the rules, and you are playing in their backyard, you have to follow their rules. For example, if you are engaged to value a business for a divorce in a state that excludes personal goodwill from equitable distribution, you cannot hide behind this standard to avoid carving out the personal goodwill piece of the pie. So, if you represent the nonbusiness owner-spouse, don’t think that you can get away with ignoring personal goodwill to pump up the value. Besides the fact that this is unethical (because advocacy for a client should never be done as an expert witness), the law of the land supersedes this standard. However, all other provisions of this standard will still apply.

Trugman’s book will be available in early 2022, and you can preorder if you click here. Note: If you are a subscriber to BVResearch Pro or BVR’s Digital Library, the book will be included with your subscription, so there is no need for you to preorder.

Preorder deal on the updated Business Reference Guide for 2022

The 2022 edition of the Business Reference Guide (BRG) by Tom West is now available for preorder at a 20% savings if you click here. Now in its 32nd year, it contains the latest industry-related information including “rules of thumb,” pricing tips, benchmarking information with comparison data, industry resources, and general industry data on nearly 600 types of businesses. There is also an online version with a fully searchable database, and it includes the print version of the guide.

Global BV News

KPMG issues fair value guide

Some potential changes are on the horizon in the world of fair value measurement. “Valuation practices continue to evolve, partly as a result of standard-setting activities and partly because of the increasing attention being paid to how climate-related risks (and opportunities) and reference rate (IBOR) reform affect the components of a valuation—e.g., cash flow projections and discount rates,” says KPMG. The firm has a new edition of its guide designed to help you apply the principles of IFRS 13 Fair Value Measurement and ASC Topic 820 Fair Value Measurement and understand the key differences between them. You can download a copy if you click here.

IACVS Note… this is an excellent resource for all that are involved with engagements requiring use of the fair value standards.