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The Wandry Taxpayers Found The Formula

April 2012 | Issue 57 Introduction Taxpayers making gifts of hard-to-value property will sometimes employ a “formula clause” which enables them to retroactively adjust the size of their gift based on a value determination carried out subsequently to when the gift was made.  This is usually done in order to keep the overall size of [...] More...

Courts Allow Reallocation of Gifted Shares

January 2012 | Issue 56 Introduction The U.S. Court of Appeals for the Ninth Circuit, in Petter v. Commissioner, 653 F. 3d 1012, (8/4/11), found for the taxpayer in a case involving the use of a “formula clause” to reallocate gifts of property to heirs and charity. > The Plan Anne Petter lived in Washington [...] More...

Book Value was 2% of Fair Market Value in NJ Buyout Case

November 2011 | Issue 55 In Estate of Cohen v. Booth Computers (421 N.J. Super. 134, 22A. 3d 991, July 13, 2011), the question addressed was whether a family partnership agreement that provides for a buyout based on net book value may be enforced when the disparity between book value and fair market value is [...] More...

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Goodwill Accounts for 47% of Average M & A Allocation

March 2009 | Issue 36

In a recent world-wide survey of purchase price allocations in business combinations, Ernst & Young found that the average acquirer allocated 47% of the enterprise value of the transaction (acquisition price plus net financial debt) to goodwill. Of the balance, 30% was allocated to tangible assets, and the rest, 23%, to identified intangible assets.

The most commonly reported category of identified intangible was customer-related assets, followed by brands/trademarks and technology.

As might be expected, allocations varied widely by industry. For example, in consumer product company acquisitions, the average goodwill allocation was 65% of enterprise value. At the other end of the spectrum was oil and gas, where the goodwill allocations averaged only 30%. The largest recognized intangible asset allocations occurred, not surprisingly, in the tech-heavy pharmaceutical and biotechnology industries, at 49% and 47% of enterprise value, respectively.

Companies did not generally disclose the method employed to value their assets. When they did, however, the study authors found the most-often used method for valuing brand names was the relief from royalty method. For customer-related intangibles, the multi-period excess earnings method was most common

E & Y gathered this data from descriptions of 709 transactions found in annual reports and other public sources. The data included 247 transactions of US-based companies. The balance came from companies in 20 other countries. A copy of the report is available here.