It is unclear from the record the exact amount of petitioner’s share of the initial investment in Encore. Encore was incorporated on February 1, 1982. Encore is in the business of leasing master recordings of previously released pop and gospel albums. Master recordings are original recordings of performances on audio tape used to produce disc records and tapes for mass distribution. In 1984, Encore leased master recordings for gospel records, educational computer programs, and home computer games. Clint Collings (Collings) was the president and sole shareholder of Encore during the year at issue. Encore's prospectus for 1984 consists of 24 pages, of which 14 pages are cover sheets, table of contents, blank sample forms, and blank pages. Encore's promotional material for 1984 also includes a 51-page "Tax Opinion" and an 8-page addendum addressing 1984 tax changes both prepared by Attorney Henry D. Nunez (Nunez). Although page 1 of the prospectus refers to an "exciting business opportunity while taking advantage of current tax laws", it mentions very little about said opportunity, while strongly emphasizing the benefits derived from the investment tax credit. The prospectus contains a letter from Mr. Nunez stating: upon request by Encore, we will assist a lessee and their counsel and accountants if the Internal Revenue Service challenges the tax structure of the transaction as set forth in the Opinion and the lessee is unable to reach a satisfactory resolution at the initial audit level. Such assistance would include advice in connection with their appearances before the appellate division of the Internal Revenue Service. We wouldPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011