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Preferred Shareholders Prevail in Trados Transaction

April 2014 | Issue 73 Trados, Inc. was sold to another company for $60 million in July of 2005.  The sale proceeds were distributed as follows; Trados management received $7.8 million, preferred shareholders received $52.2 million and common stockholders received nothing. Certain common stockholders sued.  The story is told in a Delaware Chancery matter called [...] More...

Tax Court Takes a New Valuation Line on Built-in Capital Gains

March 2014 | Issue 72 U.S Tax Court Judge David Gustafson was faced with the task of determining the fair market value of an interest in an investment company named Pearson Holding Co. (“PHC”).  The case is Estate of Richmond v. Commissioner T.C. Memo 2014-26 (February 11, 2014). At the time of her death, December [...] More...

Is a Member’s Interest Worth More Than an Assignee’s Interest?

February 2014 | Issue 71 A recent Tax Court case involved the valuation, for estate tax purposes, of a 16.667% interest in a real estate holding company.  The company, called 37-41 East 18th Realty Co., LLC, owned a 78,000 square foot commercial building in Manhattan.  The case is Estate of Tanenblatt v. Commissioner, T.C. Memo. [...] More...

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J. Mark Penny, ASA

QUALIFICATIONS AS AN APPRAISER OF CORPORATE SECURITIES

Mr. Penny, who holds the designation of senior member in the American Society of Appraisers (ASA), prepares valuation analyses of privately held firms for numerous purposes including recapitalizations, equitable distributions, estate planning, employee stock ownership plans, mergers and acquisitions, fairness opinions, purchase price allocation and calculation of economic damages. Mr. Penny is also experienced in estimating the value and useful life of intangible assets including goodwill, customer lists, franchises, trademarks, tradenames and professional degrees.

Mr. Penny has prepared valuations for a wide range of businesses including manufacturing companies, communications firms, various professional practices, small businesses and agricultural enterprises.

Mr. Penny has been qualified as an expert witness and testified in New Jersey, New York, Pennsylvania, Delaware and Florida. He has lectured on the topic of business valuation on behalf of the National Center for Employee Ownership and before estate planning groups.

Employment History

  • 1985 to date – Hempstead & Co. LLC – business valuation and merger and acquisition consultants. Associate, later Partner and Managing Director.

Educational Background

  • 1984 – MBA with concentration in finance, Temple University
  • 1981 – BA economics, University of Pennsylvania