Derwyn Joseph Booker - Page 4

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          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 game            




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