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Accounting for a Loss Contingency Verdict Overturned on Appeal

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Re: Accounting for a Loss Contingency Verdict Overturned on Appeal
Date:

Relevant Facts:
• W Inc and your company have been engaged in litigation over a specific patent infringement matter.
• In May 2007, W filed a claim.
• On December 31 2007, your company determined that a loss in connection to the claim was probable.
• The company estimated a loss between 15 and $20 million USD.
• $17 million USD was named as the most likely amount of loss.
• A jury trial took place on September 2009.
• On September 24 2009 the jury found in favor of W.
• The judgment required your company to pay W $18.5 million USD.
• In November 2009, your company filed an appeal.
• In December 2010, the court of appeals overturned the jury verdict and the $18.5 million judgement.
• On January 6th 2011 W filed a petition for re-hearing.
• On February 10, 2011, the appellate judges declined W’s petition.
• On February 28 2011, the company’s management determined that the lawsuit was closed.

Specific Issue 1:
For the year ended December 31 2007, financial statements, what amounts should the company record as a liability?

Options:
The company could record the liability at 15 million, $17 million, or $20 million. Before deciding what amount to accrue, we should determine if the contingency qualifies for accrual. According to ASC 450-20-25-2, a loss contingency must be accrued if “the information available…indicates that it is probable that… a liability had been incurred at the date of the financial statements, and the amount of loss can be reasonably estimated.” Your company’s management has determined that the loss is probable, and has estimated a range for the amount of loss. Based on this information, your company should accrue a loss contingency.

Within the range, the company could report the loss at $15 million if no other amount appear more

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