Hanson v. Hanson

738 S.W.2d 429 (1987)

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Nature of the Case

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Facts

These are consolidated appeals arising out of decrees of dissolution of marriage. Hs in the consolidated cases are the sole partners in an oral surgery partnership. In Hanson v. Hanson, the court valued the partnership at $324,862, including $233,727, an amount characterized as 'goodwill' by the parties. In Graham v. Graham, the Court, hearing virtually identical evidence, valued the same partnership at $90,280. Ws used the same accounting expert at trial, Stephen Smith, who valued the practice at $442,212, including $351,077 as goodwill value. Hs produced Elmer Evers, C.P.A. as an expert for purposes of valuing their partnership interests. Evers valued the partnership at $91,000, the approximate value of equipment, cash on hand, and accounts receivable. Evers compared sales of professional practices in the area served by the partnership, the nature of the partnership's patronage, and the reputation of the partners to determine that neither goodwill nor going concern value existed in the partnership. Dr. Thomas Coyle, an oral surgeon, practicing in Columbia, Missouri, testified that his purchase price of a practice included neither an amount for goodwill nor the going concern value of the existing practice. Upon the retirement of Dr. Coyle's partner, Dr. Coyle bought his partner's interest in the partnership; again, Dr. Coyle paid nothing for goodwill or going concern value. This consolidated appealed resulted.