- 4 - The brochure does, however, strongly emphasize the benefits to be derived from the investment tax credit. Also included in Century's promotional materials was a "Legal Opinion" and a document entitled "Closing Documents". The "Legal Opinion" totals 16 pages and is entirely devoted to the tax consequences of entering into the Century Concepts leasing program including the tax benefits, possible challenge by the IRS, litigation, and the various Federal tax penalties that may be applicable. The "Closing Documents" totals 20 pages of which nine pages are devoted solely to tax considerations, one page discusses how to lease a master, five pages consist of sample tax forms, and the remainder consists of other sample forms and a table of contents. In the "Closing Documents" Century states that the fair market value of the masters equals $375,000 and goes on to mention that the "the total write-off [ratio] is approximately 4.9:1, based on the * * * [investment tax credit] and total business expense write-offs." There is no meaningful analysis contained anywhere in the promotional materials of the potential nontax, economic profitability of the Century Concepts leasing program. Also, the materials are devoid of any information of substance regarding the marketability of the masters, or any information concerning how master video games can be marketed. On December 20, 1983, petitioner entered into an equipment lease with Century Concepts for the lease of a master video gamePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011