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What Every Matrimonial Attorney Should Know About Businesses and Their Structure.

Posted On : 22 July 2016 By: Charles Vuotto

By Charles F. Vuotto, Jr., Brett R. Harris and Scott Maier Matrimonial attorneys are required to deal with numerous forms of businesses of a marriage. This article outlines the various structural forms that businesses can have, and highlights the basic differences in terms of tax reporting, liability and other aspects of administration. As matrimonial attorneys, read more

Category : Business Valuation

Fairness and Economic Reality in Business Valuation

Posted On : 07 April 2016 By: Charles Vuotto

Editor-in-Chief’s Column Fairness and Economic Reality in Business Valuation By Charles F. Vuotto, Jr.   It is widely accepted that fairness is the polestar[1] for those entrusted with the resolution of all issues that arise in a family law matter. That concept is no less applicable in the area of business valuation. This column submits read more

Category : Business Valuation

DIVISION OF BUSINESSES IN DIVORCE-WHAT TO KNOW

Posted On : 17 September 2012 By: Charles Vuotto

By Charles F. Vuotto, Jr., Esq.             There is little doubt that a divorce is one of the most traumatic events an individual can experience.  Unless parties can reach an agreement, the essential elements of one’s life will be left to a judge to determine.  The elements of a divorce include, but are not limited to, read more

Category : Business Valuation

VALUATION IN DIVORCE (PERSONAL GOODWILL vs. ENTERPRISE GOODWILL)

Posted On : 17 September 2012 By: Charles Vuotto

by Charles F. Vuotto, Jr., Esq. and Barry S. Sziklay, CPA, ABV, PFS (With special thanks to Cheryl Connors, Esq.)               This article shall explore whether New Jersey follows the majority of states which do not distribute “personal goodwill” in a divorce.  Based on an analysis provided by the New Jersey Supreme Court in Dugan read more

Category : Business Valuation

Dangers of Utilizing the Business Accountant as a Valuation Expert in Divorce

Posted On : 17 September 2012 By: Charles Vuotto

by Charles F. Vuotto, Jr., Esq. and Scott Maier, CPA 2007               To a divorce litigant, it often appears to be more cost efficient to have the business accountant prepare a valuation of his or her business for the purpose of equitable distribution.  However, there are inherent dangers in utilizing the business accountant as read more

Category : Business Valuation

Fair Market Value – Everyone Else Is Using It, So Why Can’t We?

Posted On : 17 September 2012 By: Charles Vuotto

By Charles F. Vuotto, Jr., Esq. Preliminary Statement In light of Brown v. Brown, it is now well known that the new standard of valuation of businesses incident to divorce litigation in New Jersey is “fair value.”  348 N.J. Super. 466 (App. Div. 2002).  This article will not re-explore the facts of Brown, but will discuss how the rest read more

Category : Business Valuation

DOUBLE TROUBLE – The Appellate Court’s Decision in Steneken Misses the Mark on the Double Dip

Posted On : 17 September 2012 By: Charles Vuotto

by Charles F. Vuotto, Jr., Esq. Lisa Steirman, Esq. 2004                           Just as the tidal wave created by Brown[i] was beginning to subside among the matrimonial legal community, the recent decision in Steneken[ii] has arrived to create some waves of its own and further muddy the already cloudy waters concerning business valuations in divorce and their inter-play with spousal read more

Category : Business Valuation

The Continuing Debate About Brown: What Constitutes “Extraordinary Circumstances”?

Posted On : 17 September 2012 By: Charles Vuotto

By Charles F. Vuotto, Esq. and Scott A. Maier, CPA/ABV (With Special Thanks to Daniel M. Serviss, Esq.) 2003   As authors of another article about Brown[i], we were concerned that the reader would dismiss this discussion as another in the ongoing debate over what standard of value is appropriate for asset valuation in the matrimonial dissolution context.  This is read more

Category : Business Valuation

DO PARTNERS AND CO-SHAREHOLDERS HAVE RIGHTS OF PRIVACY IN DIVORCE DISCOVERY?

Posted On : 17 September 2012 By: Charles Vuotto

BY CHARLES F. VUOTTO, JR., ESQ. and JEFFREY K. EPSTEIN, ESQ. WITH SPECIAL THANKS to KRISTIN M. CAPALBO 2003                         In financially complex divorces, it is often necessary to obtain information from persons or entities not parties to the litigation.  2-12 Family Law and Practice §12.05 [1] (Matthew Bender & Co. Inc., 2003).  This is especially necessary in read more

Category : Business Valuation

BROWN V. BROWN (The Standard of Value Enigma)

Posted On : 17 September 2012 By: Charles Vuotto

(The Standard of Value Enigma) By Charles F. Vuotto, Jr., Esq. Scott Maier, CPA (With special thanks to Theodore P. Brogowski, Esq.) 2003              The recent Appellate Division decision of Brown v. Brown, 348 N.J.Super. 466 (App. Div. 2002) (“the Brown case”), has sparked much discussion.  The fact that the Supreme Court denied the husband’s Petition for Certification on July 16, 2002, read more

Category : Business Valuation