Derwyn Joseph Booker - Page 11

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          Mr. Denham's expert report and testimony, the master video games            
          at issue had little or no value.                                            
               Mr. Denham stated in his report that the games were not of             
          commercial quality.  The play of the games is too slow, the sound           
          effects and graphics are poor, and the challenge is minimal and             
          simplistic.  In short, the games were not manufactured with the             
          intent of marketing them commercially.  In fact, as Mr. Denham              
          states, the game packages did not contain any trademarks or any             
          other evidence indicating that the games were protected from                
          being copied by other game producers.  We find that the absence             
          of a trademark implies that the producer or owner placed no value           
          on the games; any serious producer would have his or her product            
          protected.  Century obtained the masters from General Masters               
          Corp.  Mr. Denham found that General Masters primarily developed            
          video games for the purpose of selling them for use in tax                  
          shelters.                                                                   
               Based upon the facts and circumstances of the instant case,            
          we conclude that petitioner has failed in his burden of proving             
          that he participated in the Century Concepts leasing program with           
          an actual and honest objective of making a profit.  Instead, we             
          find that petitioner engaged in the leasing program primarily, if           
          not exclusively, to obtain tax deductions and credits, thereby              
          reducing the tax he would otherwise owe on income from other                
          sources.  Accordingly, respondent is sustained on this issue.               






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