obvious focus of the promotional materials distributed to petitioner was on the attendant tax benefits of the lease program. The tax opinion petitioner received with the promotional materials was twice as long as the prospectus itself and specifically raised the likelihood of prospective Internal Revenue Service (IRS) challenge and possible litigation in the Tax Court. Furthermore, very little revenue was generated from sales of sound recordings made from the subject master. Indeed, petitioner’s share of the income from sales of albums and cassettes made from the subject master in 1984 totaled only $18.57. Nonetheless, petitioner claimed nearly $27,000 in deductions and investment tax credits in 1984 relating to the master lease transaction. Reliance on an inflated value of the master recording is another factor considered in determining whether the underlying transaction has economic substance. Independent Elec. Supply, Inc. v. Commissioner, 781 F.2d 724, 728 (9th Cir. 1986), affg. T.C. Memo. 1984-472, cited with approval in Pasternak v. Commissioner, supra at 900. Disparity between the prices of the master recordings and their actual fair market values is yet another factor in determining whether transactions are shams. Hunt v. Commissioner, 938 F.2d 466, 472 (4th Cir. 1991), cited with approval in Pasternak v. Commissioner, supra at 900. Encore valued the subject master leased by petitioner at $496,000 and subsequently provided petitioner with a 1-1/2-pagePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011