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Taylor Rosanova, left, and Gloria Vasconcellos, right, of Marcum LLP. Taylor Rosanova, left, and Gloria Vasconcellos, right, of Marcum LLP.

In the past few months there has been much discussion in the valuation community about the March court case, Kress v. United States of America, Case No. 16-C-795, U.S. District Court, E.D. Wisconsin (March 25, 2019). This case has become significant because the government’s expert used a valuation methodology that differs from the IRS’ and the government’s traditional stance on the tax treatment of S-Corporations for valuation purposes. It should be noted that this was a district court decision; not a tax court decision.

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