appraisal listing the master’s value at $500,000. Mr. Tirk, respondent’s expert witness, has been in the record business for 36 years in various positions including manufacturer, distributor, wholesaler, retailer, and executive vice president and owner of his own record company. Mr. Tirk’s valuation is based upon many factors including the slight market for the particular music involved, the limited number of retail outlets that carry that type of music, the improbability of generating any sales from exploitation of the product, petitioner’s complete lack of experience in the industry, the relative obscurity of the artists involved, and the poor quality of the master. Mr. Tirk valued the subject master at $3,000 to $5,000. The manner in which the lessee carried on his or her activities can also be evidence of a lack of economic substance. Pasternak v. Commissioner, supra at 900-901. Petitioner blindly signed the form lease, failing to negotiate any of the lease terms, and purchased no insurance on the master although the master was purportedly worth $496,000. Petitioner did not obtain an independent appraisal with respect to either the value of the subject master or the possibility of making a profit with the master. Furthermore, petitioner neither listened to the master nor determined the quality of the master before signing the lease agreement. Assuming that petitioner had a one-third interest in BBG, his share of the initial contribution amount advanced to EncorePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011