Question
Cary and Elle Bronson had been married for 15 years when trouble arose in their marriage. Carys long hours of working had taken a toll
Cary and Elle Bronson had been married for 15 years when trouble arose in their marriage. Carys long hours of working had taken a toll on it; he was rarely around even for family functions. The last straw came when Elle found lipstick on the collar of Carys shirt and the unmistakable scent of a very expensive womans perfume; this wasnt the first time she had noticed the telltale signs of what appeared to be a clandestine affair. The next day, Elle visited an attorney to begin divorce proceedings. After some small talk, the attorney, Mark Smithson, asked Elle about the major assets accumulated during the marriage.
Oh, there are the carsa Jeep Cherokee, a Chevy Suburban, and a Bentley, she answered.
A Bentley? he queried, somewhat surprised.
Yes, said Elle. Our restaurant, The Roasted Duck, has done very well over the years.
We began the business with almost nothing and both worked there until Karen, our second child, was born. At that point, I became a stay-at-home mom and left everything to Cary.
Ive eaten at The Roasted Duckthe food is excellent, Mark said.
Thank you, replied Elle.
Is this the only source of income for you and your husband, Mrs. Bronson? he asked.
Yes, other than some interest and dividends, she answered.
She and the lawyer discussed other matters pertaining to the divorce. He told Elle that he would obtain information from Carys attorney so that an equitable division of assets could occur and the issue of the custody of their children would be settled.
Two weeks later, Elle received a call from Mark. Through the discovery process, Carys attorney had submitted a valuation of the restaurant that seemed unusually low and had not listed any other assets that could account for the house and vehicles that the Bronsons had acquired and the private education that they had provided for their children.
That cant be right! Elle exclaimed.
Well, it certainly doesnt look right, Mark said, Ill look into this some more and let you know what I find.
After he hung up the phone, Mark called Carys attorney. This value placed on the restaurant doesnt make any sense. Whats your take on this?
After a short pause, the attorney replied, Cary told me that the restaurant business is not doing well and, thus, the value has declined.
After Mark hung up the phone, he pondered the situation: There must be an answer to this mystery. One things for sure; if Cary isnt telling the truth, he might as well change the name of his restaurant to The Cooked Goose.
What evidence (i.e., physical, documentary, and observational) could be collected to determine whether the valuation is correct? How could you go about collecting this evidence?
Assume for a moment that the valuation is correct. What other sources of money could Cary have to maintain his familys lifestyle? How would you test your theories?
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