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BREAKING DOWN BUSINESS VALUATION: THE USE OF COURT‐APPOINTED BUSINESS APPRAISERS IN DIVORCE ACTIONS*
Author(s) -
Tumminio Donna
Publication year - 2006
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.1744-1617.2006.00115.x
Subject(s) - federal court , valuation (finance) , jurisprudence , law , business valuation , business , power (physics) , law and economics , political science , supreme court , accounting , economics , physics , quantum mechanics
This Note advocates for greater reliance on court‐appointed business appraisers in divorce proceedings. After exploring the history of court‐appointed experts in American jurisprudence and addressing the specific problems that arise when valuing a business, this Note demonstrates how neutral business appraisers can assist courts in assessing a highly technical matter while simultaneously providing both courts and parties with an accurate, reliable source of information. The Note further provides suggestions for when the appointment of a neutral appraiser may be beneficial. The second section of this Note addresses technical matters that the court must deal with in selecting a reliable expert, including where the court derives its power to appoint a neutral expert, what standards the court should use in appointing the expert, and who should pay the cost of the expert's appointment.