During the trial, Karen offered proof that she and Brad had built the business together, and that the downline was the result of their joint efforts – not just Brad’s. Karen argued that the residual income from the downline should therefore be split at a 60/40 rate on a monthly basis. Brad, on the other hand, asked the trial court to value the business. Upon valuation, the court could either allow him to buy out Karen’s share or direct that the business be sold, with the proceeds being split 60/40 between the two parties.
Residual income is calculated as net income less a charge for the cost of capital. The charge is known as the equity charge and is calculated as the value of equity capital multiplied by the cost of equity or the required rate of return on equity. Given the opportunity cost of equity, a company can have positive net income but negative residual income.
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