- 11 - Mr. Denham's expert report and testimony, the master video games at issue had little or no value. Mr. Denham stated in his report that the games were not of commercial quality. The play of the games is too slow, the sound effects and graphics are poor, and the challenge is minimal and simplistic. In short, the games were not manufactured with the intent of marketing them commercially. In fact, as Mr. Denham states, the game packages did not contain any trademarks or any other evidence indicating that the games were protected from being copied by other game producers. We find that the absence of a trademark implies that the producer or owner placed no value on the games; any serious producer would have his or her product protected. Century obtained the masters from General Masters Corp. Mr. Denham found that General Masters primarily developed video games for the purpose of selling them for use in tax shelters. Based upon the facts and circumstances of the instant case, we conclude that petitioner has failed in his burden of proving that he participated in the Century Concepts leasing program with an actual and honest objective of making a profit. Instead, we find that petitioner engaged in the leasing program primarily, if not exclusively, to obtain tax deductions and credits, thereby reducing the tax he would otherwise owe on income from other sources. Accordingly, respondent is sustained on this issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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