- 45 - situation, the Sta-Home entities paid their employees 6 weeks in arrears. Thus, an employee was required to wait 6 weeks before getting his or her first paycheck, for 2 weeks’ work. In the meantime, however, Medicare reimbursed the companies for the amount of accrued wages every 2 weeks. The entities thus received 6 weeks’ worth of wages per employee before being required to pay out 2 weeks’ worth. The deferral of actual payment meant, in effect, that each employee made a loan of 4 weeks’ wages to the company, and the “loan” would not be repaid until the employee left his or her employment. When one employee left, another was presumably hired, and the new employee would be required to forgo 4 weeks’ salary, thus keeping the total amount of deferrals relatively stable. By 1995, this practice had generated a “float” of approximately $4.1 million that the entities possessed and were not required to repay until some unspecified time in the future. It appears that 2 weeks’ worth of payroll and payroll taxes is properly characterized as short- term liabilities. We conclude that the amounts of payroll that were withheld for longer than 2 weeks were not, in this case, properly characterized as current liabilities. For purposes of this valuation, they should be considered part of the invested capital. Accordingly, of the $6,150,000 withheld, two-thirds (or 4 weeks’ worth) should be excluded from the current liabilities that Wilhoite added to the MVIC. Wilhoite based his calculationPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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